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(영문) 서울동부지방법원 2016.12.02 2016노963
상습특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not less than two years and by a fine not exceeding two million won.

Reasons

1. The sentence (two years of imprisonment and fine 200,000 won) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Before the judgment on the grounds of appeal by the defendant was made, the prosecutor applied for changes in the indictment of this case as stated in the following facts charged at the trial of the court below, and since the party members permitted changes in the indictment, the judgment of the court below was no longer maintained.

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

[C] The facts constituting an offense and summary of evidence acknowledged by the court below are stated in the judgment below as follows: 5,60 won in total 23 times from the time to April 27, 2016, 45,740,500 won in total 26 times in total; 45,670,500 won in total from the time to April 27, 2016; 5,000 won in total from 25,000 won in total to 45,670,50 won in total; 50,000 won in total from 27:0,000 won in Seoul, 30,000 won in total; 5,000 won in total, from 27:0,000 won in total, to 30,000,000 won in total; 5:0,000 won in Seoul, 27:0,000 won in total and 94,00,000 won in Seoul.

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