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(영문) 광주지방법원 2015.07.08 2015노1013
특정범죄가중처벌등에관한법률위반(절도)등
Text

The remainder of the judgment of the court below, excluding the rejection of an application for compensation order, against the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, a fine of three hundred thousand won) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the prosecutor applied for changes in indictment with the contents that add the facts charged to the defendant in the indictment against the defendant in this court. Since the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the remaining part of the court below's decision against the defendant under Article 364 (2) of the Criminal Procedure Act, excluding the rejection of the application for compensation order, is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and evidence recognized by the court are as follows: ① each “L” is changed to “CN” among the facts of the crime in the judgment of the court below; ② it is changed to “25 times” as “25 times”, and ③ it is changed to “25 times” as “3 times”.

B. (6) With the exception of adding the following facts to the lower court’s lower part of the summary column of the evidence [the 1-A, B, 2015 order 1], the lower court’s respective statements of each police protocol, CO, CP, and Q concerning CN are as stated in each corresponding column of the lower judgment.

(Article 369). (7) On December 16, 2014, the Defendant, A, and CN combined and operated by the victim CO in the Hapan-gun, Hapon Hapon-gun on December 16, 2014, at around 05:00, the Defendant reported the network from the surrounding areas, and the Defendant went into the entrance and intruded into the entrance, and the Defendant attempted to steal the victim’s goods, but the Defendant was out of and attempted to get out of the entrance.

(8) On December 16, 2014, at around 06:00 on December 16, 2014, the Defendant and CN together with the Defendant and CN reach the CU singing practice room operated by the Victim’s CP located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

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