logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2018.04.25 2018노5
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One cell phone (No. 1) with seized spool-type mobile phone.

Reasons

1. Summary of grounds for appeal;

A. As to Article 2017(1) of the 2017-type 8249 case, the Defendant did not steals KRW 30,000 in cash owned by G.

B. The sentence of the lower court (one year of imprisonment) against an unjust defendant is too unreasonable.

2. Before the judgment on the grounds for appeal, the Prosecutor, ex officio, stolen with one J5 cellular phone and 30,000 won in cash in the case of gallon-type 8249 of the facts charged in the case of 2017 penal code at the trial of the party.

“Agallon jusing the market value equivalent to one million won owned by the victim” was stolen by having one J5 mobile phone in the case of “agalloning.”

The judgment of the court below which rendered an application for changes in the contents of “(2).” This court permitted the application for changes in the contents of the indictment, and the subject of the adjudication was changed by this court, and the crime of the part concerning the indictment in which the indictment was changed and the remaining crime are concurrent crimes under the former part of Article 37 of the Criminal Act,

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows after pleading.

Punishment of the crime

The facts of the crime acknowledged by this court were stolen with one gallon of J5 mobile phone and 30,000 won in cash in the case of No. 2017 type No. 8249 in the judgment of the court.

“Agallon jusing the market value equivalent to one million won owned by the victim” was stolen by having one J5 mobile phone in the case of “agalloning.”

Except for the change to "the original judgment," it is identical as stated in the corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence of the above crime is "the defendant's partial statement in court" in the summary of the evidence of the 2017 penal code 8249 case.

arrow