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(영문) 서울고등법원 2019.11.22 2019노1834
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In an appellate trial, the ex officio determination prosecutor applied for permission to amend the Bill of Indictment to add the larceny crime as of April 25, 2009, which was related to the previous charge, and the subject of the trial was changed by this court’s permission.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as follows, except for dismissal or addition as follows, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The third through 8 parallels in the judgment below are as follows.

around 20:00 on April 25, 2019, the Defendant: (a) confirmed that the previous etc. was out of the house AD of the second floor of detached house AC located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu; and (b) went into the house through the window of the living room that was not corrected to the inside and was in custody; and (c) cut off with three half of the amount of KRW 70,000,000, which was kept in the house. On April 29, 2019, the Defendant confirmed that the previous etc. was out of the house K of Multi-household Housing Victim A located in Ansan-gu, Ansan-gu, Bupyeong-gu, Incheon; and (d) confirmed that there was no person who was out of the house; and (e) stored the house through the window, and stored the house to the inside, with approximately KRW 600,000,000,000 and KRW 6330,000,00,00.

6. The Defendant is between May 1, 201 and 21:04.

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