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(영문) 부산고등법원 2018.12.06 2018노424
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, each of the larceny crimes committed by the Defendant on October 3, 2016 by the lower court on December 30, 2016 is related to the crime of habitual larceny, etc., which was established on December 30, 2016, which is a crime of the new judgment on retrial, and thus, the judgment of acquittal should be pronounced pursuant to Article 326 subparag. 1 of the Criminal Procedure Act

B. The sentence sentenced by the lower court to the Defendant (five years of imprisonment) is too unreasonable.

2. At the second trial date of this court, the prosecutor changed [specific criminal facts] Paragraph 1 of the facts charged [Revised facts charged] as follows. Accordingly, he/she applied for amendments to the bill of indictment with the addition of some of the revised list of crimes (amended list of crimes (1), (2)] as shown in the attached Table (amended list of crimes).

Inasmuch as this court permitted this and changed the subject of adjudication, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal ex officio, the defendant's assertion of misunderstanding the legal principles is still subject to the judgment of this court.

【Revised Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On February 17, 2017, the Defendant: (a) discovered the victim C, who was mixed with the victim C in Busan Jung-gu department stores around 19:00 on February 17, 2017; and (b) found the same meals.

After approaching the victim, meals are provided with the victim with the victim, and coffee is delivered by moving it to the bathing beach, and at around 21:20 on the same day, the victim C wishes to talk with the victim in front of the Busan Young-gu Incheon Metropolitan City apartment E-dong.

The contact information shall be expressed in a false manner, such as "a request to inform the contact information", and then "fford money" shall be given.

“Around October 3, 2016 to October 28, 2017, the victim’s wall cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover;

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