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(영문) 서울남부지방법원 2015.06.11 2015재노14 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized resident registration certificate (No. 2).

Reasons

1. The instant judgment subject to a trial by this court does not constitute an indivisible final and conclusive judgment that sentenced one of the offenses of larceny and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are concurrent crimes. As such, the instant judgment subject to a trial by this court does not constitute a crime of larceny, where one of the offenses of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is concurrent crimes, and one of the offenses of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is concurrent crimes, and there is a ground for a retrial due to the Constitutional Court’s decision on the unconstitutionality of the Act on

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the court below is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant pursuant to Article 364(2) of the Criminal Procedure Act.

A. The prosecutor of the grounds for reversal following the revision of the indictment applied for the amendment of the indictment to the effect that the name of the crime against the defendant is "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 32 and Article 329 of the Criminal Act" are "Articles 332 and 329 of the Criminal Act", and the first head of the crime is "Violation of the Aggravated Punishment, etc. of Specific Crimes

As such, the subject of the judgment of the court below was changed in the trial, and the judgment of the court below was no longer maintained.

(b) Stolens that have been seized due to failure to make a sentence of return to the victim, and the reason for return to the victim is clear shall be sentenced to return to the victim by judgment (Article 33(1) of the Criminal Procedure Act), and it shall be sentenced to return to the victim by judgment.

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