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(영문) 인천지방법원 2015.05.15 2015노1068
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. Ex officio determination: (a) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, the prosecutor applied for changes in the indictment with respect to the charge against the defendant in the trial of the trial of the court; (b) from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual Larceny"; and (c) from "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 332 of the Criminal Act, Article 329 of the Criminal Act, and Article 331(2) of the Criminal Act" to "Article 332 of the Criminal Act, Article 329 of the Criminal Act, and Article 331(2) of the Criminal Act" to "Article 332 of the Criminal Act.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

On January 31, 2008, the defendant was sentenced to the transfer of juvenile protection cases to special larceny at the Seoul Central District Prosecutors' Office, on May 21, 2008, to the transfer of juvenile protection cases from the Incheon District Prosecutors' Office to larceny, etc. on June 20, 2008, to the disposition of transfer of juvenile protection cases from the Incheon District Prosecutors' Office to larceny, etc. on June 20, 2008, and on January 22, 2009, to the Daejeon High Court Cheongju District Court sentenced to imprisonment for a maximum of 2 years and 6 months for robbery, etc. on April 10, 2012, the defendant was sentenced to imprisonment for a maximum of 3 million won for larceny, etc. on May 10, 2013, and on February 13, 2013, the defendant completed the execution of the sentence from the prison on February 21, 2014.

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