(영문) 수원지방법원 2017.05.25 2017노2123 | 리걸엔진

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(영문) 수원지방법원 2017.05.25 2017노2123

야간건조물침입절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A number 1 of the total list of seized articles shall be confiscated.

Reasons

1. The gist of the prosecutor’s appeal of this case is as follows: (a) each of the instant offenses committed by the Defendant, which intrudes on a structure at night and thereby steals or attempted to steals cash; (b) theft or attempted to steals food, etc. from the outside display box at night; and (c) by failing to return a mobile phone lost by the victim’s name, the crime committed by embezzlement of possession; and (d) the Defendant has the power to be subject to criminal punishment for the same kind of offense; (b) in light of the following: (a) the sentence of the lower court that sentenced eight months to imprisonment is too unreasonable; and (b) the Defendant’s act is deemed as embezzlement of possession.

2. Prior to the judgment on the grounds of appeal, the judgment of the court below should be returned to the victim ex officio, and the reason for return to the victim is clear. The court below erred by misapprehending the legal principles on return, which affected the conclusion of the judgment, on the ground that when galloning 2 gallon jus No. 2, the total list of seized objects, which was lawfully adopted and investigated by the court below, as seized stolen objects, it is evident that gallon gallon gallon jus shall return the victim’s name to the victim. Thus, the court below did not render a sentence of return to the victim by judgment pursuant to Article 333(1) of the Criminal Procedure Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of larceny in the relevant Article of the Act on Criminal Facts and in the judgment of choice of punishment:

유사 판례

-수원지방법원 2016.07.21 2016노3601

-수원지방법원 2017.06.01 2017노1584

-수원지방법원 2015.11.17 2015노5243

-수원지방법원 2014.11.06 2014노4712

-대구지방법원 2016.03.23 2016노454