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(영문) 인천지방법원 2017.04.28 2016노4842
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Among them, the part of the second crime (including the part not guilty of reasons) and the defendant B of the judgment against the defendant A.

Reasons

1. The court below found Defendant A not guilty of the part of the charges in paragraphs (1) and (2) (a) of the judgment of this court as follows. The court below found Defendant A guilty of the charges in this part of the charges in paragraph (1), (2) of the judgment, as follows: (a) 50 to 56, 61 through 10, 105, 106, 114 through 119, 128, 129, 136, 138 through 143, 151 through 162, 2-2, 151 through 162, 2-2, 2-(b).

As shown below, the prosecutor only claims the unfair sentencing for reasons of appeal, but does not dispute the acquittal part of the reasons.

Ultimately, in the case of not guilty part of the above reasons, even though the part of habitual special larceny, each larceny, and each attempted larceny included in the judgment of the court below was judged in the trial, it was judged out of the object of public defense among the parties.

Therefore, this part of the judgment of the court below did not follow the conclusion of innocence and did not re-determine it.

2. Summary of reasons for appeal;

A. Defendant B 1) The Defendant did not habitually commit the instant crime in collaboration with A.

However, the lower court erred by misapprehending the facts by adopting the testimony of A without credibility as evidence and recognizing the guilty of the facts charged.

2) The sentence of the lower court (two years and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants (Defendant A: Imprisonment with prison labor for each of the crimes set forth in paragraph (1) of the judgment below, three years, two years and six months, two years and six months, and two years and six months of imprisonment with prison labor for each of the crimes set forth in paragraph (2) of the judgment below, and two years of suspended execution and the observation of protection for each of the crimes set forth in the judgment below is unfair.

3. Judgment as to Defendant B

A. Before making a judgment on the grounds of ex officio appeal, the court below examined ex officio prior to the judgment on the grounds of appeal, among the facts charged in Articles 2-2(b) and 2-2(c) of the judgment against Defendant A.

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