logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.11.20 2020노968
절도등
Text

The judgment below

Part of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor changed the part concerning the crime of the victim Q as of November 18, 2019 and the part concerning the crime of November 19, 2019 with respect to the victim Q, among the facts charged in the case of this Court 2020 order 1051, in the judgment of the court, as follows: "Articles 232-2 and 234 of the Criminal Act" was added to the applicable provisions of the Criminal Act; "Article 232-2 and Article 234 of the Criminal Act" was added to the name of the crime, and "an application for modification of an indictment with respect to the alteration of an indictment with respect to the violation of private electronic records and the use of private electronic records, etc." was changed

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the remaining part of the judgment below except the compensation order is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence recognized by the court is stated in the judgment below's 6-B.

paragraphs (c) and (c)

In addition to the fact that a claim is changed to the following [the altered criminal facts], and accordingly, the court below cited the "delivery from the victim as described in the above sub-paragraph (b) as it stated in the corresponding column of the judgment of the court below in addition to the fact that "the defendant has possessed the same circumstance as described in the above sub-paragraph (b)" from the 6th page of the judgment of the court below as it is in accordance with Article 369 of the

【Revised Crime】

B. On November 18, 2019, the Defendant, at L stores, a mobile phone sales store located in Pyeongtaek-siK around November 18, 2019, connected to a pro-mail (64GB) mobile phone opening (on a mobile phone), with the purpose of engaging in the business affairs of the LOM online in connection with the FOM at the above office, and connected with the FOM computer program at the above office, and “the standard manual for radio service contract” form.

arrow