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(영문) 의정부지방법원 2016.07.12 2016노1267
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor changed “property equivalent to 45,300,000 won in total at the market price of 28 victims” in the facts charged at the trial of the Party, “property equivalent to 47,80,000 won in total at the market price of 28 victims,” and added No. 26,27 in the list of crimes in the attached Form, and applied for an amendment to the amendment of indictment with the following changes. Since this Court permitted this and changed its subject to the judgment, the judgment of the court below was no longer maintained.

At the beginning of March 16, 22:00 to the next day of 05:00 on the day after the second day of March, 16, 26, when the victim was committed, a family house AH kitchen in the Dong-gu, Ulsan-gu, U.S. and opened a kitchen window and intruded, 8 years in the first half of the year, 8 years in the first half of the year, 1 hand, 1 in the first half of the year, 1 in the first half of the year, and 27:00 in the market price in fire, such as the market price of 27:3.12.12.

3. 13. 05:00,000 won in total at the market price equivalent to 2.5 million won in total, such as one tear, smelling rain, one gold-in, one gold-in, one hand-in, one hand-in hand-in, one hand-in, and approximately 40,000 won in total, of the plastic greenhouse of the AI AJ-in-gu, U.S. at the top of 05:0 square meters;

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining the above ex officio reversal grounds.

Criminal facts

The summary of the evidence and the facts charged by this court are as follows: "property equivalent to the total market value of 45,300,000 won which is the 26 victims' owned" in criminal facts; "property equivalent to the value of 47,80,000 won which is the 28 victims' owned" in addition to No. 26,27 in the list of crimes in the annexed sheet of crimes.

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