(영문) 수원지방법원 2014.01.09 2013노5347 | 리걸엔진

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(영문) 수원지방법원 2014.01.09 2013노5347

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

A. The prosecutor’s prosecutor’s application for Amendments to Bill of Indictment has reached the trial for the case and l. next to the following.

In addition to the facts charged as described in the paragraph, and the last part of paragraph (1) "total amount of KRW 1,786,00" was changed to "total amount of KRW 1,96,00,00," and this Court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

B. Additional charges

(m) On May 26, 2013, from around 23:00 to 04:00 the following day, the Defendant opened a milch for a drinking water plate installed by the victim AD in Busan Eastdong-gu, and a coffee plate installed by the victim AE, with a milched “b” in which he was in possession of each in advance, and taken up KRW 180,000,000 in the total cash in the two parts of the said self-reader.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and a summary of the evidence recognized by the court as stated in this Court shall be as follows 2-B of the judgment below's l.

The paragraph shall be added, and the "total 1,786,00 won" in the last part of paragraph (1) shall be changed to "total 1,96,000 won" and the summary of the evidence shall be added to "1. AE, AD's written statements," and "1. Occurrence Report (Larceny)" in the summary of the evidence shall be the same as each corresponding column of the judgment of the court below, and shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the habitual larceny in the choice of punishment: Aggravated punishment for specific crimes;

참조조문

-형사소송법 제364조 제2항

-형사소송법 제369조

유사 판례

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