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(영문) 서울동부지방법원 2016.05.27 2016재고합8
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

On April 5, 2016, this Court decided to commence a new trial on the part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the part of the crime of bodily injury in an indivisible relationship as one of the crimes subject to a new trial among the crimes subject to a new trial was sentenced. The above decision became final and conclusive at that time as the appeal period is the same. Thus, the part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the crime of bodily injury

However, since the effect of the decision of commencing a new trial is limited to the scope necessary for sentencing newly established by the court of new trial because the decision of commencing a new trial is included in the object of a new trial on the criminal facts which do not have any ground for a new trial due to the nature of the new trial system.

Therefore, with respect to the part of the judgment subject to a retrial, which did not have any further review, the judgment shall be conducted only to the extent necessary for the new sentencing.

Criminal facts

[2] On December 27, 2007, the Defendant received juvenile protective disposition due to special larceny, etc. at the Seoul East District Court (Seoul East District Court) on January 31, 2008; juvenile protective disposition due to special larceny at the Seoul East District Public Prosecutor's Office (Seoul East District Public Prosecutor's Office) on April 15, 2008; juvenile protective disposition due to special larceny, etc. at the Seoul Central Public Prosecutor's Office (Seoul District Public Prosecutor's Office) on July 25, 2008; and on March 18, 2010, the Seoul Central District Public Prosecutor's Office received juvenile protective disposition due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East District Public Prosecutor's District Public Prosecutor's Office (Seoul District Public Prosecutor's Office) on January 18, 201, until the judgment becomes final and conclusive.

According to the defendant's statement in court, the defendant in this case.

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