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(영문) 광주지방법원 2014.01.27 2013노2612
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (unfair punishment) is in violation of the depth of the crime of this case, the sentence of the court below that sentenced the defendant to 2 years of imprisonment and fine of 300,000 won is too unreasonable.

B. In light of the fact that the prosecutor (unfair form of punishment) has significant criminal history for the defendant, that the defendant committed the instant crime during the period of repeated crime, and that the defendant did not agree with the victims, the above sentence of the court below is too unfeasible and unfair.

2. Prior to the judgment on the argument of the grounds for appeal as to each of the above grounds for appeal, the prosecutor examined ex officio prior to the judgment on the argument of the above grounds for appeal, and the prosecutor applied for changes in indictment to add the same contents as the attached list 8 through 11, and 13 to the facts charged in this case. The party members permitted this and permitted it to be tried on this part, so the court below was no longer able to maintain it.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

On May 4, 2006, the defendant was subject to the disposition to forward juvenile protection cases as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on September 20, 2006, the defendant was subject to the disposition to forward juvenile protection cases by the Gwangju District Prosecutors' Office as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 31, 2006, the defendant was subject to the disposition to transfer juvenile protection cases by the Gwangju Prosecutors' Office as a special larceny. On September 23, 2008, the defendant was subject to the disposition to transfer juvenile protection cases by the Gwangju Prosecutors' Office as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and on August 20, 2009, the execution of the sentence terminated on November 5, 2010.

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