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(영문) 부산지방법원 2014.11.20 2014노3696
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The punishment of the court below (two years of imprisonment) shall be too unhued and unreasonable in light of the summary of the grounds for appeal, the theft and dampness of the accused, the danger of recidivism, etc.

2. On July 26, 2014, prior to the prosecutor’s assertion of unfair sentencing, the prosecutor added “a crime that steals 20,000 won in cash from AB in Busan-gu, Busan-do on July 26, 2014” to the facts charged in the trial, and accordingly, applied for amendments to the indictment with the entire theft amount “14,285,000 won” as “14,305,000 won,” and the decision of the court below was no longer maintained because the party members permitted the amendment, thereby resulting in a change in the subject of the trial.

3. The judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the prosecutor’s assertion of unfair sentencing according to the conclusion, and the following is again decided as follows.

Criminal facts

On December 20, 2001, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for larceny at the Busan District Court. On November 4, 2002, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Busan District Court, 2 years of imprisonment with prison labor at the Busan District Court on February 6, 2009, 2 years of imprisonment with prison labor for larceny at the Busan District Court on January 20, 201, and 2 years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court on January 31, 2013.

On December 30, 2013, around 14:30 on December 30, 2013, the Defendant: (a) opened an open gate to the 2nd floor of the victim D located in Busan Shipping Daegu C2; (b) opened the 2nd floor through the stairs installed outside the gate; (c) opened the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 11st floor of the 2,900,000 total market price, including the 1st day of the 2nd floor of the 2nd floor of the 2nd in the 2nd floor

In addition to this, the Defendant, as described in the attached list of crimes, shall be 13 times in total from December 30, 2013 to July 26, 2014.

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