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(영문) 서울남부지방법원 2014.02.07 2013노1443
특수절도등
Text

Of the judgment of the court below of first instance, the part on Defendant A, B, and E and the judgment of the court of second instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A, B, and C1 (a long-term two years of imprisonment, a short-term one year and two months of imprisonment, a long-term two years and six months of imprisonment, a short-term two years of imprisonment, and Defendant C: a long-term one year and six months of imprisonment, and a short-term one year of imprisonment) is too unreasonable.

B. (1) Defendant E does not have acquired stolens as stated in the first instance judgment of the first instance judgment of the case No. 2,6,714 of the case No. 2013, Dec. 15, 2012) No. 8-Ma (i.e., the crime of December 15, 2012), No. 6-Ga (i.e., the crime of December 27, 2012) as indicated in the first instance judgment of the case No. 2013, J. 2013, J. 2013, J. 2014 of the second instance judgment of the case No. 2013, Dec. 2, 2013, and No. 3214 of the second instance judgment of the second instance.

B. The FS instructed Defendant E to purchase smartphones by wire at the time and place set the time and place, and ordered Defendant E to purchase smartphones. Defendant E received KRW 20,000 per unit after purchasing and delivering smartphones with the funds paid by FS according to the instructions. As Defendant E received KRW 20,000 per unit after purchasing and delivering the smartphones. Thus, Defendant E did not acquire stolen goods.

Referencely, the sentence sentenced by the judgment of the court below on unreasonable sentencing (one year of imprisonment, four months of imprisonment) is too unreasonable.

2. Ex officio determination

A. A. First of the Amendments to Bill of Indictment, the prosecutor shall examine the facts charged with the special larceny and larceny among the facts charged in the instant case against Defendant A and B as "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes". The applicable provisions of each of the facts charged in the instant case as "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331(2) and 329 of the Criminal Act", and as examined below, the facts charged with the habitual larceny are modified as stated in paragraph (1) of the same Article.

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