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(영문) 인천지방법원 2015.12.02 2015노3696
상습특수절도
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 6 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The ex officio determination prosecutor changed the content of the written indictment No. 29 on July 28, 2007, 200 to 30 per annum in the annexed crime list of the indictment at the trial of the party, i.e., “the 669,000 won, including the victim AH’s cash and precious metal,” i.e., 30 per annum,” and “the 30th day of April 10, 2008, i.e., the victim AJ’s intrusion through the 31st day of April 19, 208, i.e., the victim AJ’s precious metal 2,140,000 won” and “the 31th day of April 20, 2008, i.e., the court below changed the content of the written indictment to 100,000 won, i.e., the victim AK and 100,000 won.”

3. Therefore, 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 reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the defendant and the summary of the evidence are as follows: under No. 28 of the list of crimes attached to the judgment of the court below, the sum "49,181,000 won" in Part II of the judgment of the court below shall be adjusted to "Total 52,090,000 won" in Part II of the judgment of the court below; "Total 49,181,000 won" in the last column of the list of crimes attached to the judgment of the court below shall be adjusted to "total 52,09,000 won"; and "1. The summary of the evidence shall be corrected to "total 52,090,000 won" in the summary of the evidence;

1. AJ’s protocol of statement;

1. Except for the addition of "AH and AL's statements", it is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

around 20:00 on July 28, 2007, 669,000 won, such as intrusion AH cash and precious metal, i.e., e., AG third-story AG Madon-si on July 28, 200, 300 won on April 10, 2008.

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