(영문) 제주지방법원 2013.10.17 2013노389 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2013.10.17 2013노389

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The seized evidence No. 1 (one saw).

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for the permission of changes in indictment to the effect that “On January 21, 2013, the Defendant: (a) at around 02:45, at the parking lot located under the AG high-priced bridge at the level of Pakistan on January 21, 2013, the Defendant: (b) posted a key to the victim AH; and (c) driven one electric wheelchairs, the market price of which is 1.90,00 won as the victim’s owner, using an opportunity in a toilet; and (d) at the last day of the facts charged, the Defendant applied for the permission of changes in indictment to the effect that “I habitually stolen another’s property six times as above, the Defendant habitually committed a theft on another’s property.” Since this is subject to the judgment by this court, the judgment below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, based on the conclusion of the decision, and the following is again decided after pleading.

[C] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows. Around 02:45 on January 21, 2013, the defendant, at the parking lot located below AG high-priced bridge at the AG high-priced bridge at Papju, on the 3rd page of the judgment of the court below, used an opportunity to use the 1.690,000 won of the market price as the victim owned by using an opportunity in the toilet and stolen it. The defendant habitually stolen another person's property seven times during the above period of time, and "1. AH's written statement" in the summary of the evidence.

1. CCTV photographs;

1. In addition to adding "Investigation Report (specific as a suspect), it is identical to each corresponding column of the judgment of the court below, and therefore, Article 369 of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제2항

-형사소송법 제369조

유사 판례

-서울북부지방법원 2013.03.28 2013고정566

-수원지방법원 안산지원 2014.07.16 2014고단254

-대구지방법원 안동지원 2013.03.29 2012고합167

-광주지방법원 2020.05.20 2019고단4887

-전주지방법원 2015.08.27 2015고단590