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(영문) 광주고등법원 (제주) 2015.04.01 2014노127
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence of imprisonment (four years of imprisonment) by the lower court is too unreasonable.

2. Ex officio determination: A prosecutor shall examine the case of changes in indictment ex officio; the prosecutor shall read the name of the crime as "Habitual thief;" Articles 332, 329, and 35 of the Criminal Act apply for the amendment of indictment to the effect that the applicable provisions of this Act shall be changed to the following facts constituting the crime; and this court shall permit it and thus the judgment of the court below cannot be maintained any longer due to changes in the subject of adjudication; without examining the defendant's assertion of unfair sentencing, the judgment of the court below shall be reversed pursuant to Article 364 (2) of the Criminal Procedure

[Grounds for the judgment of multiple times] The Defendant of criminal facts opened a side on May 20, 2014, at around 14:00, in Jeju-si, which was managed by the victim I, and opened a side and brought up a cash of KRW 100,000,000, which was not set aside, from that time, and was stolen.

9. Until December 28, 200, a person habitually committed an attempted theft of, or attempted to steals, property worth KRW 1,360,000 in total, eight times in total, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, D, K, L, M, I, and N;

1. Each investigation report and internal investigation report;

1. Photographs of the purchase account book, photographs of the category of the suspect at the scene of the crime, and photographs;

1. Other closure photographs of each CCTV image;

1. For each previous offense: An inquiry report, an investigation report (the confirmation of the date of release of a suspect and a copy of the same criminal record and a copy of the same written judgment), the status of personal confinement, and a copy of each written judgment;

1. Habituality of the judgment: Application of Acts and subordinate statutes recognizing habitions in light of the following: The records of each crime, the number of crimes, the number of crimes, the same kind of crimes are repeated several times, and the same kind of crime has been repeatedly committed within the short time after release;

1. To cover Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act of the choice of criminal facts;

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