logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.08.30 2016노1236
야간건조물침입절도등
Text

We reverse the judgment of the court below.

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

A seized knife knife 2;

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the first instance court: 6 months of imprisonment, the second instance court’s sentence: imprisonment with prison labor for 1 year and 6 months, and seizure) is too unreasonable;

2. Ex officio determination

A. Prior to the judgment on the grounds for ex officio appeal due to consolidated proceedings and changes in indictments, the judgment of the court below can no longer be maintained according to the following facts: ① the defendant filed an appeal against the judgment of the court below against the judgment of the court below and the court decided to concurrently deliberate on the appeal cases against the judgment of the court below; ② the defendant's each offense against the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act; ② the prosecutor filed an application for changes in indictment by adding a part of the facts charged against the defendant, as stated below, and the change in the subject of the judgment by this court.

B. Determination ex officio as to the violation of Article 310 of the Criminal Procedure Act concerning the rules of reinforcement of confession (the part concerning the crime Nos. 3 in the annexed sheet in the judgment of the court below) cannot be admitted as evidence of guilt in a case where the confession of the defendant is an unfavorable evidence to the defendant. Thus, in a case where the court below found the defendant guilty on the sole ground of the confession of the defendant without any reinforcement, it shall be deemed that there was an error of law that affected the conclusion of the judgment in itself (see Supreme Court Decision 2007Do7835, Nov. 29, 2007, etc.), and it shall not be decided guilty on the sole ground of the confession of the defendant without any reinforcement.

In this regard, the victim H’s statement among the evidence revealed by the court below is written “the date and time of the theft: the location of the theft, the location of the theft: the name of the theft, the circumstances of the theft: the accurate contents of the theft,” and the written statement is written in relation to the crime against the victim H in 2010.

arrow