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(영문) 수원지방법원 2015.10.23 2015재노28
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

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

Seized evidence 13 shall be confiscated.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment) is too unhued and unfair.

2. Prior to the judgment of the court below on the grounds for appeal by the ex officio prosecutor, the prosecutor added the facts charged, stating that “The defendant habitually laid off the Rabber at around 14:12, Feb. 13, 2012, 2012, and opened the door door up next to the divers of the Rabber, and cut off the precious metal and cash worth worth KRW 1.7,50,000,000 in total, including 10,000,000,000,000 won in the market value of the victim AT owned by the victim,” and that “The defendant was habitually guilty from around 08:30 on Jan. 30, 2007 to 17:15, and the court changed the contents of each Article of the Criminal Act to 30:34,000,000 won and then changed the applicable provisions of the Criminal Act to 4:3,000 won.”

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Punishment of the crime

On November 8, 1984, the Defendant was sentenced to imprisonment with prison labor for a short term of eight months with prison labor for special larceny in Gangnam Branch Branch of the Chuncheon District Court, sentenced to one year from September 17, 1986 to imprisonment with prison labor for larceny in Seongbuk Branch of the Suwon District Court on September 17, 1986, and sentenced to three years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul District Court's Southern Branch of the Seoul District Court on December 7, 1990, and on January 25, 20

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