logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.10 2014노3904
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

No. 100 d. d. d. d. of the date of seizure.

Reasons

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

2. The decision shall be made ex officio prior to the decision on the grounds for appeal.

In the trial of the party, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the name of the defendant into "Habitual Special Larceny", and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Article 332 of the Criminal Act" from among applicable provisions of the Act, and since this court permitted it, the judgment of the court below was no longer maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

For the purpose of law

1. Articles 32, 329, 330, 331(1), and 342 of the Criminal Act applicable to criminal facts (see, e.g., Supreme Court Decisions 75Do184, May 27, 1975; 76Do124, May 25, 1976)

1. Article 35 of the Criminal Act among repeated crimes;

1. In view of the fact that the Defendant had been sentenced three times to the crime of larceny under Article 48(1)1 of the Confiscation Criminal Act, and in particular, the Defendant committed the instant crime repeatedly over 13 times under similar several methods without being aware of it, the sum of the stolen money and valuables exceeds 22 million won, and some victims still want to punish the Defendant.

arrow