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(영문) 전주지방법원 2015.05.22 2014노1503
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

The crimes of Articles 1 and 2 in the judgment of the defendant shall be punished by imprisonment for one year, and the crimes of Article 3 in the judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the prosecutor (as to the first and second crimes: imprisonment with prison labor for two years, and as to the third crimes as to the ruling: imprisonment with prison labor for six months) is too uneased and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Before ex officio determination and judgment on the grounds for appeal by a public prosecutor and a defendant, the prosecutor applied for changes in the indictment of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on January 2, 2015. The prosecutor applied for changes in the indictment of the Act on the Aggravated Punishment, etc. of Specific Crimes and the summary of the evidence as stated in the indictment of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In addition, on March 18, 2015, the public prosecutor applied for changes in the indictment of the crime of the defendant as "Habitual larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" and the applicable provisions of the Act to "Article 332 and Article 329 of the Criminal Act" were amended again on April 14, 2015 to "Habitual larceny" and Article 329 (32) of the Criminal Act cannot be amended.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's and prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The court below's decision is reversed, and

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence are "1......."

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