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(영문) 서울중앙지방법원 2013.04.12 2013노946
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by two years of imprisonment.

Nos. 1 to 3, seized evidence, respectively.

Reasons

1. The summary of the grounds for appeal is unreasonable. 2. The prosecutor's judgment of the court of first instance became final and conclusive and applied for an amendment to a bill of amendment to the indictment in which the facts charged of this case were added to the facts charged, and this court permitted the above facts charged, and thus the judgment of the court of first instance cannot be maintained any more.

3. According to the conclusion, the judgment of the first instance court is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided after the oral argument.

The substance of the crime and the summary of the evidence acknowledged by this court is added to the criminal facts of the first instance judgment: ① change the "four times through five times" among the criminal facts of the first instance judgment; and 5.00 on September 2, 2012, the defendant, at around 00:00, 2012, extracted the above Nompis prepared in advance at the victim R's S office located in the second floor of the Gangnam-gu Seoul Qua building from the steel entrance, destroyed part of the entrance, and intruded into the steel entrance, and subsequently failed to find any stolen articles although all the offices inside the office, and thereby failed to receive any stolen articles; ② The summary of the evidence added the "statement made by the defendant in this court", "R, written statement prepared by T", "written statements made by the defendant", "written statements of investigation report (ex-site CCTV investigation)", and "cinematographic photographs of the site" as it is as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331(1) and 342 of the Criminal Act: 1. Aggravation of repeated crimes prescribed in Article 35 and the proviso to Article 42 of the Criminal Act

1. The Criminal Act . Articles 53 and 55(1)3 of the Criminal Act .1. Confiscation.

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