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(영문) 서울동부지방법원 2015.04.09 2014노1795
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

The part against Defendant A, excluding the part of the application for compensation order, shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment imposed by the lower court on Defendant A, 8-month imprisonment imposed on Defendant B, and 10-month imprisonment imposed on Defendant D is too unreasonable.

2. Prior to the judgment on the grounds of appeal by Defendant A ex officio, prior to the judgment on the grounds of appeal by Defendant A, the Prosecutor: “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the names of the crimes against Defendant A as “Habitual larceny;” “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the applicable provisions of the Act as “Article 332 of the Criminal Act”; “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the facts charged in the case involving Article 2014 and Article 229 of the Criminal Act as “Habitual Larceny;” “The victim was stolen property worth KRW 11,003,70 in total 21 times in the aforementioned method as shown in the attached Table 1 of the Decree on the Aggravated Punishment, etc. of Specific Crimes; and the victim was no more than KRW 201,013,700 in total, and the victim was no more than KRW 201,700 in Seoul.

3. Determination of the grounds for appeal by Defendant B and D is against all the confessions of the crime, and there is no significant benefit from the crime of this case, Defendant D is against all confessions of the crime of this case, and there is no history of punishment for the same kind of crime.

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