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(영문) 광주지방법원 2013.08.28 2013노1383
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One (No. 1) for emergency escape which has been seized.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment and a fine of three hundred thousand won) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor deleted the name of the offense of intrusion from among the facts charged in the instant case, and applied for the amendment of a bill of amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). Since this court permitted this, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, after hearing.

Criminal facts

1. On April 1, 2013, at around 00:48, the Defendant: (a) committed an act of larcenying or stealing property of KRW 679,000,000 in a total of 14 times from around 20 to April 4, 2013 in the same way as indicated in the annexed List of Crimes, following the franchising of the front of the driver’s seat by using the network of emergency escape, which was prepared in front of the cab parked in front of the cab, and then the Defendant, after the victim’s possession, stolen the total of KRW 50,000,000 in front of the driver’s seat, which was the victim of the 100,000,000 in the above vehicle.

2. On August 9, 2012, around 09:20 on August 9, 2012, the Defendant: (a) entered a Gmoter in which the victim H had a locked place in the Gmoter located in F, with a glass window, and (b) 1670,000 won in cash, which is contained therein (10,00 won per day, KRW 110,000, KRW 10,000, KRW 10,000, KRW 14), KRW 1,000,000, KRW 1,000, KRW 1,000, KRW 10,000, KRW 1,000, KRW 12,000, KRW 2,000, KRW 2,000, KRW 1,000, KRW 2

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