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(영문) 춘천지방법원 2015.04.15 2014노948
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Ex officio determination

A. On April 18, 2014, the Prosecutor added criminal records to the effect that “the Defendant was sentenced to 15 years of imprisonment due to murder and abandonment of the body, and the judgment became final and conclusive on January 15, 2015,” and applied for the amendment of indictment to add “the latter part of Article 37 of the Criminal Act” to applicable provisions, and this Court permitted this.

Therefore, as seen above, the crime of murder, etc. for which judgment became final and conclusive as well as the crime of murder, etc. in relation to the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, after considering equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the lower

B. Of the facts charged in the instant case, the summary of this part of the facts charged is as follows: (a) on August 19, 2013, the Defendant murdered the victim D, a female living together with the Defendant, and neglected the body in the said house on August 22, 2013; (b) went back to the bank of the victim, who was placed on the said house, and went back to the bank inside the said house, after deducting one copy of Samsung Credit Card (Credit Card No. E) owned by the victim. Accordingly, the Defendant stolen the victim’s property. (b) The lower court determined that this part of the facts charged was recognized as larceny by taking account of the following evidence.

3 The judgment of this Court means the removal of property possessed by another person from possession against the will of the possessor and the removal of such property to his or her or a third person's possession, and whether certain property is occupied by another person is a subjective element in addition to the scope of management or the possibility of factual management as an objective element.

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