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(영문) 서울고등법원 2018.06.15 2018노813
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be 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 (the first instance court: imprisonment with prison labor for three years, and the second instance court: imprisonment with prison labor for two years) of the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Each special larceny crime against victims E and G was charged first with Suwon District Court 2017 senior 4454-1 (Separation) and the judgment of the second court was sentenced to this.

Since the Suwon District Court 2017 High 758, the crime of habitual larceny against the Korea Land and Housing Corporation for the victim was additionally prosecuted for a single comprehensive crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the judgment of the court below was sentenced.

The Defendant appealed against the lower judgment, and the said two appeals cases were decided to be consolidated and examined.

On the other hand, at the trial of the party, the submission of the indictment for the above additional indictment was made by the above additional indictment (see Supreme Court Decision 96Do1698, Oct. 11, 1996) by stating that the submission of the indictment for the above additional indictment constitutes a single crime, which is an act constituting a single single crime, by adding the omission in the indictment for the first indictment, and changing the name of the crime and the applicable legal provisions into the single crime and the applicable legal provisions, and making it impossible to institute duplicate prosecutions against one crime (see Supreme Court Decision 9Do1698, Oct. 11, 19

3. As seen earlier, 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 assertion of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

[Grounds for the judgment in Seoul Southern District Court on September 29, 1982] The defendant is sentenced to a suspended sentence of imprisonment for one year with prison labor for special larceny at the Incheon District Court on September 29, 1982; one year of imprisonment with prison labor for larceny at the Seoul Southern District Court on March 7, 1983; one year of imprisonment with prison labor for special larceny at the Seoul Southern District Court on September 4, 1991; and one year of imprisonment with prison labor for special larceny at the Seoul Central District Court on September 20, 2001.

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