(영문) 춘천지방법원 강릉지원 2015.03.26 2014노604

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자간(%)

(영문) 춘천지방법원 강릉지원 2015.03.26 2014노604

상습절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

In the trial court, the prosecutor applied for the amendment of the indictment with respect to which the name of the crime against the defendant was changed to "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and the applicable provisions of the Act to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32, 329, 330, and 342 of the Criminal Act" were changed to "Articles 332, 329, 330, and 342 of the Criminal Act", and since this court permitted this, the judgment of the court

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The reason for sentencing under Article 332, Article 329, Article 330, and Article 342 of the Criminal Code for the crime at issue and the selection of the punishment (generality of imprisonment), is that the number of the defendants' reasons for sentencing reaches 18 times, the amount of damage also exceeds a considerable amount, and the risk is also high in that it was done in a way that intrudes upon another person's residence.

However, the defendant agreed with a considerable number of victims, and deposited for some victims, and made efforts to compensate or compensate for most of the damages.

In addition, there is no record of the same crime, and all of the crimes of this case are recognized from the time of the police investigation.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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