(영문) 서울북부지방법원 2015.11.19 2015노1564

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(영문) 서울북부지방법원 2015.11.19 2015노1564

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the court below found the defendant guilty of the charge of larceny of this case and violation of the Specialized Credit Finance Business Act, and accepted the "attached Table of Crimes" in criminal facts, but the court below erred by omitting the "attached Table of Crimes". Thus, the judgment of the court below is no longer maintained, and the prosecutor applied for changes in the indictment with respect to which part of the facts charged was changed at the trial, and since this court permitted it, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the part of the facts charged in the judgment of the court below, such as the entry in the list of crimes in the attached Forms 7 and 8, "within a total of 40 times, as shown in the list of crimes in the attached Forms 7 and 8, shall be sealed as "within a total of 40 times, with a credit card (two card, one new card), as shown in the attached Schedules of Crimes, and the separate list of crimes in the criminal facts changed in the trial, added "1.......... part of the defendant's trial court's statement in the summary of the evidence" is the same as the entry in each corresponding column of the judgment of the court below, and such part shall be cited as

Application of Statutes

1. Relevant Article 329 of the Criminal Act, selection of criminal facts, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and selection of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes:

참조조문

-여신전문금융업법

-여신전문금융업법 제70조 제1항 제3호

유사 판례

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-서울북부지방법원 2014.07.17 2014노442

-서울중앙지방법원 2013.01.10 2012노3789

-서울북부지방법원 2015.01.06 2014노1464