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(영문) 부산고등법원 2016.07.07 2016재노8
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (4 years of imprisonment).

2. Before the judgment on the grounds for appeal by the defendant was made ex officio, the prosecutor withdraws No. 22 per annum from among the facts charged in the instant case as indicated in the judgment of the court below. The name of the crime was changed to “a habitual larceny, habitual night intrusion larceny, habitual special larceny, habitual larceny, habitual night larceny, and attempted larceny at night”; “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” in the applicable law was withdrawn; “Article 332 of the Criminal Act was added; and “Article 332 of the Criminal Act” was changed to the subject of the judgment by the court; thus, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court was stolen from the 11st of the facts charged in the judgment of the court below that the total amount of 53,936,000 won was 23 times, as shown in the list of crimes in the annexed sheet of crimes.

“A total of 50,436,00 won was stolen over 22 occasions, such as Nos. 1 through 21 and 23 of the List of Offenses.

In addition to the deletion of Section 22 per annum of the annexed crime list "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332 and 331(1) of the Criminal Act of the relevant criminal facts are the statutory penalty, which covers all the following facts: (a) theft as indicated in the judgment; (b) intrusion upon residence at night; (c) special larceny; (d) attempted larceny; and (e) attempted larceny upon residence at night.

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