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(영문) 서울남부지방법원 2015.06.11 2015재노10 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 2 per annum of the total list of seized articles.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant pursuant to Article 364(2) of the Criminal Procedure Act.

In the trial of the court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the name of the defendant to "Habitual larceny", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes", "Article 332 and Article 329 of the Criminal Act", "Article 332 and Article 329 of the Criminal Act", and "1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)" to "Habitual larceny",

As such, the subject of the judgment of the court below was changed in the trial, and the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where the first head of the crime is deemed "1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" to be "Habitual larceny", and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332 and 329 of the Criminal Act regarding the choice of punishment (generally, the point of habitual larceny), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 231 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's attitude of sentencing under Article 48 (1) 1 of the Criminal Code is against the defendant.

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