(영문) 서울남부지방법원 2013.12.12 2013노1708

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2013.12.12 2013노1708

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The number 1 to 5 of the total list of seized articles shall be 1 to 5.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

Defendant

Before the judgment on the assertion of unfair sentencing by his/her attorney, ex officio, the stolen goods seized and the reason for return to the victim is clear should be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and investigated by the court below, the court below should have rendered a declaration of return to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, the court below omitted the above seizure of 50,00 won in cash, 1, 10,000 won (No. 2 of the same year), 1, 10,000 won (No. 3 of the same year), 2, 1,000 won (No. 4 of the same year), 1,000 won (no. 5 of the same year), and 19 (no. 5 of the same year) from the judgment under Article 33(1) of the Criminal Procedure Act.

Even if only the Defendant appealed against the judgment below, the return of the victim does not constitute the type of punishment, and the return of the above seized articles to the victim D as stated in the disposition does not cause damage to the Defendant. Thus, even if adding the return of the victim that was not sentenced by the court below, the sentence to the Defendant cannot be changed disadvantageously.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the return of the victim of the seized articles, which affected the conclusion of the judgment.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and his defense counsel's assertion of unfair sentencing on the grounds of ex officio reversal as seen above, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] Summary of criminal facts and evidence shall be the Court.

참조조문

-형사소송법 제333조 제1항

-형사소송법 제364조 제2항

유사 판례

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