(영문) 청주지방법원 2018.06.22 2018노222 | 리걸엔진

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(영문) 청주지방법원 2018.06.22 2018노222

상습절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized all of the crimes of this case and is against the depth of the defendant, etc.

2. Before deciding on the grounds of appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment to add the crimes Nos. 2, 3, and 16 among the facts charged in this court as to the case “2017 order 2632” among the facts charged, and since this Court permitted this, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-use of the judgment] The criminal facts of the judgment of the court below acknowledged by this court in the criminal history of the crime committed by this court were stolen. The part of the crime in the judgment below 2017 order 2632 of the crime / [criminal facts] of the judgment below : “The defendant, at around 14:37 October 23, 2017, came to the house of the victim D, who was newly constructed on the right side of the victim's home, and did not correct through the second floor of Dara-gu, which was newly constructed on the right side of the victim's home, by opening a bend window of the victim's benda and intrusion into the house, thereby causing one 18 KK women's gold Ban equivalent to 250,000 won at the market price in the house and 300,000 won at the market price.

In addition, the Defendant: (a) committed attempted crimes to intrude into or intrude into the victims’ residence on 29 occasions from the early October 2017 to December 1, 2017, as indicated in the list of crimes in the attached Table, and (b) stolen, or attempted money and valuables worth KRW 16,504,000 in total, which were owned by the victims habitually; and (c) committed attempted crimes.

The judgment of the court below is based on "......... the list of crimes in the annexed Form of the judgment of the court below is attached.

유사 판례

-청주지방법원 2018.02.14 2017고단2632

-의정부지방법원 2018.06.21 2018노721

-광주고등법원 (전주) 2018.10.30 2018노84

-대구고등법원 2017.07.13 2017노200

-의정부지방법원 고양지원 2017.05.19 2017고단151