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(영문) 대구지방법원 2018.07.13 2018노949
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

No. 1 of the seized evidence.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, and the prosecutor changed the above-mentioned facts as stated in Section 1-A and Section 1-B of Article 1-2 of the facts charged of this case (the grounds for the judgment re-written) as stated in the following (the grounds for the judgment) and changed it as stated in Section 1-C, and

subsection (b) of “b)” and “D.”

“Section C.”

subsection (e) and (e) of this section is called “(d).”

The judgment of the court below was no longer able to maintain any more, as the amendment of the bill of amendment was applied to each paragraph, and since this Court permitted it, the judgment of the court below cannot be maintained.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed, and the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence acknowledged by this court are changed as stated in the judgment of the court below 1. A. and 2. as stated in the following 1. A. and 1.C. of the existing facts charged.

subsection (b) of “b)” and “D.”

“Section C.”

subsection (e) and (e) of this section is called “(d).”

In addition to the alteration of Paragraph 1, the facts constituting the crime of the lower judgment are as stated in the facts constituting the crime, and the summary of evidence is as stated in the corresponding column of the lower judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

1. Special larceny;

A. On December 2017, the Defendants reported the network with Defendant B, and Defendant A cut the locked of the machines extracted from the string of the molded machine installed in the victim F with a stone straw, and cut off the lock of the string machine.

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