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(영문) 대구지방법원 2018.06.29 2018노626
상습절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the defendant.

On February 23, 2018, and April 5, 2018, the prosecutor of the Dop-type prosecutor filed an application for changes in the indictment with respect to the defendant [the changed criminal facts] and [the added criminal facts] to the same contents as the previous re-written indictment. Since this court permitted this and changed the subject of the adjudication, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting the crime and the evidence acknowledged by this court is as follows, and the facts constituting the crime are modified as follows, Paragraph 2 of the facts constituting the crime is added, and Paragraph 3 of the facts constituting the crime is added, and in addition, “AY, AZ, and BA’s statements” are as stated in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

【Revised Crime】

2. On October 26, 2017, the Defendant: (a) attempted habitual larceny and intrusion upon residence; (b) opened a window in front of the Victim AY’s house located in Kimcheon-si, Kimcheon-si, and entered into the house and did not take corrective measures; (c) invaded upon the victim’s residence; and (d) stolen money and valuables at that place; (c) attempted to flee by the victim’s wind.

From the above similar method to November 21, 2017, the Defendant infringed upon the victims’ residence at least seven times in total, and attempted to steals the property.

Accordingly, the defendant is in the residence of the victims.

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