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(영문) 청주지방법원 2020.12.10 2020노1089
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 (Dr. 1) and 2 stock farms.

Reasons

1. In light of the following circumstances: (a) the Defendant’s summary of the grounds for appeal is against the Defendant; (b) the point of the embezzlement of larceny and possession is by temporary impulses; and (c) the fact that there is a strong demand to not be narcotics in the future, the lower court’s punishment (two years of imprisonment, confiscation, and collection KRW 400,000) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

The prosecutor applied for amendments to the Act on the Aggravated Punishment, etc. of Narcotics on January 7, 2020 as stated in the second trial of the trial of the court below [the reasons for the judgment used separately] [the criminal records], and applied for amendments to the Act on the Aggravated Punishment, etc. of Narcotics on January 7, 2020 as stated in the judgment of the court below, adding a repeated offense to the criminal offense committed in violation of the Act on the Aggravated Punishment, etc. of Narcotics on January 7, 2020, and this court grants permission to do so, thereby determining the punishment against the defendant, the court below's judgment cannot be maintained as it is.

3. 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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again ruled as follows.

[Reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by this court and summary of evidence are the first head of the judgment of the court below's original crime. [Attachment to Criminal Records] Defendant was sentenced to imprisonment with prison labor for larceny, etc. on November 27, 2015, and completed the execution of the sentence in the Chungcheong detention house on January 25, 2017, and was sentenced to imprisonment with prison labor on January 25, 2017 in the Chungcheong detention center.] A previous conviction in the judgment of the court below as follows: Criminal history inquiry statement, related court rulings and copies of the personal confinement status "in addition to addition, it is identical to each corresponding column of the judgment of the court below." Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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