(영문) 수원지방법원 2013.06.13 2013노1488 | 리걸엔진

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(영문) 수원지방법원 2013.06.13 2013노1488

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 13 shall be confiscated.

Reasons

1. The prosecutor asserts that the sentencing of the court below against the defendant (two years of imprisonment) is too uncomfortable.

2. Before the judgment on the grounds of appeal, the prosecutor examined the facts charged of this case ex officio, and the prosecutor added the following: ① around February 13, 2012, the defendant habitually laid the door door in the studs of the Dongjak-gu Seoul Metropolitan Government AS apartment 105 Dong 1702, and opened the door door in the studs and opened the door in the studs of the victim AT owned by the victim, and cut off the precious metal and cash of KRW 1,750,00 won in total at the market price of 10,000,000,000,000,000 won, and ② from around 08:30 on April 29, 2013 to around 17:15, the prosecutor applied for the amendment of the indictment of this case to the AS apartment and applied for the amendment of the indictment of this case to the AS apartment more than 30,500,000 won.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the ground of ex officio reversal, and the judgment below is ruled again as follows.

Punishment of the crime

On November 8, 1984, the Defendant was sentenced to a three-year imprisonment with prison labor for special larceny in Gangnam Branch of the Chuncheon District Court for a three-year period of less than 8 months. On September 17, 1986, the Defendant was sentenced to a one-year imprisonment with prison labor for larceny in Sungnam Branch of the Suwon District Court for a period of more than 10 months. On December 7, 1990, the Seoul District Court sentenced a three-year imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Southern Branch of the Seoul District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in Seoul District Court for the first time on January 25, 2002.

The accused shall be habitually.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제2항

유사 판례

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