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(영문) 서울서부지방법원 2016.10.20 2016노626
상습특수절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

evidence of seizure.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (one year of imprisonment) is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor added "Article 331 (2) of the Criminal Act" to the applicable provisions of this case, "total nine times" to "total ten times" to "total nine times" to "five times" to "five times in money" to "five times in money" to "five times in money" to change the list of crimes to the list of crimes in annexed Form, and the judgment of the court below cannot be maintained further because this court permitted this.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

[Dao-written judgment] The summary of the facts constituting an offense and evidence recognized by this court is that of the judgment of the court below, the summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment of the court below, except for adding "the defendant's own court statement, the police interrogation report of T, and U's statement" to "10 times in total" and "4 times in money" in the 5th sentence, "5 times in money" respectively, and "5 times in money" in the 8th sentence to "five times in money". The summary of the evidence is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 331 (1) and (2), 330 and 342 of the Criminal Act concerning the selection of criminal facts;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. On August 20, 2015, the Defendant for the reason of sentencing under Article 333(1) of the Refund Criminal Procedure Act was sentenced to a suspended sentence of two years for ten months in prison due to special larceny, etc., and the judgment becomes final and conclusive on the 28th of the same month.

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