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(영문) 대구고등법원 2015.07.16 2015노204
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

Reasons

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

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the previous facts charged in the trial of the party, the prosecutor added the facts charged that "the defendant habitually stolen the victim's 24K mbs in the store operated by the victim Sc in Jung-gu, Daegu on January 3, 2015, at the time of the previous facts charged, at the time of the trial of the party, the defendant applied for amendments to the indictment with the purport that "the victim's mbs in the store operated by the victim Scs in Jung-gu, Daegu on January 3, 2015, the victim's mbs in

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 reversed and it is again decided as follows.

【The grounds for appeal against the crime】 The defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on September 25, 2003; on October 13, 2005, the Daegu District Court sentenced two years to imprisonment with prison labor for larceny; on January 8, 2008, the Busan District Court sentenced two years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on March 19, 2010, the same court sentenced four years to imprisonment with prison labor for the same crime; and on December 13, 2013, the execution of the sentence was completed by the North Korean District Court on December 13, 2013.

【Criminal Facts】

On January 12, 2015, at around 17:26, the Defendant: (a) committed an act as if he/she would purchase precious metals from “E” operated by the victim D in Daegu-gu, Daegu-gu; and (b) entered the list of crimes in the annexed sheet from around September 2014 to the above date, including that he/she committed a theft by inserting one gold 18K ggm in the market price of the victim’s possession on the display stand, which was located on the display stand by taking advantage of the gaps that the victim’s attention was neglected; and (c) by inserting one gold grhm in the manner of withdrawal.

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