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(영문) 서울고등법원 2018.03.29 2018노24
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

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

In the trial court, the prosecutor changed the "three times" among the facts charged against the defendant into "four times", and applied for the amendment of a bill of indictment to replace the list of crimes in the attached Form of this judgment with the list of crimes in the attached Form of this judgment. Since this court permitted this, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【The reasoning of the judgment which is used again] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: ① the “three times” of the sentence 2, 11 of the judgment of the court below is written, and the list of crimes attached to the judgment of the court below is replaced by the list of crimes attached to the judgment of the court below, ② the addition of the “Defendant’s own court statement”, “N’s statement”, “investigation report (on-site investigation)” and CCTV photograph is identical to each corresponding part of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);

1. The reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense Act: (a) the defendant recognized all the crimes of this case and repented in depth; (b) the son, a product for sale among stolen articles; and (c) the son, who was arrested by the defendant, returned to the victims after being arrested; and (d) the victim, who was abandoned in the vicinity, has recovered money from the defendant, and the defendant collected money.

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