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(영문) 대전고등법원 2016.05.27 2016재노6
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for five years.

Seized re-concing.

Reasons

Improper sentencing of the summary of reasons for appeal: The sentencing of the lower court (six years of imprisonment) is too unreasonable.

The grounds for appeal by the defendant are examined ex officio prior to the judgment.

A prosecutor shall change the name of the crime against the defendant to "Habitual special larceny and intrusion" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and the applicable legal provisions to "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 331 (2), 332, 331 (2), 329, 342, 319 (1), 30, 35, 37, and 38 of the Criminal Act" in "Article 342 of the Criminal Act and "Articles 332, 331 (2), 329, 342, 319 (1), 30, 35, 37, and 38 of the Act on the Aggravated Punishment, etc. of Specific Crimes" shall be changed to "the part of the facts charged is changed to the court below's permission and thus, it cannot be maintained in this regard.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part of the court below's judgment against the defendant is reversed and it is again decided as follows.

Criminal facts

The summary of the judgment below's summary of evidence is as stated in the corresponding column of the judgment below, except for changing "the theft or attempted theft of another's property" from the end of paragraph (1) of the crime to "the theft or attempted theft of another's property."

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 332, 331(2), 329, 342 (generally, special larceny), 319(1), and 30 of the Criminal Act (in cases of intrusion upon each residence, and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for habitual special larceny, the punishment of which is the largest, shall be aggravated);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing criteria;

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