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(영문) 서울고등법원 2019.03.29 2018노3600
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

One seized LED portable brand (No. 5).

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the prosecutor changed the part of the facts charged in the instant case [the facts of crime] to 6 : “total 41 times per 41 times, the sum of KRW 5,827,00,000,” and deleted No. 28 on the grounds that the number of offenses Nos. 15 and 28 in the annexed list overlaps with each other, and removed No. 41 in the annexed list No. 41 on September 12, 2018, the Defendant discovered the FF franchise of the victim FE on the front of the members of the FD, Ansan-si, Seoul, in order to maintain the 107,000 won in advance of the chief window for the passenger car, and then the court below’s additional application for changes to the bill of indictment to 30,000 won in total.”

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[Discied Reasons for the Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: "property equivalent to 5,795,000 won in total over 40 times in total (No. 2, 13 of the judgment of the court below)" among the facts constituting an offense in the judgment of the court below (No. 5,827,000 won in total).

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