(영문) 서울중앙지방법원 2014.11.28 2014노3561

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(영문) 서울중앙지방법원 2014.11.28 2014노3561

특정범죄가중처벌등에관한법률위반(절도)

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.

Seized evidence Nos. 1 and brupted brupts.

Reasons

1. Summary of defendant's grounds for appeal: Unfair sentencing;

2. Before determining the Defendant’s assertion of unreasonable sentencing as to the grounds for appeal, this paper examined ex officio.

In the first instance trial, the prosecutor changed the part of the facts charged in the instant case, " from February 19, 2014 to July 29, 2014, the victim's property was stolen at least eight times habitually, such as the list of crimes in the annexed sheet," to "from February 19, 2014 to July 29, 2014, the victim's property was stolen at least 11 times as shown in the annexed list of crimes," and the prosecutor applied for changes to the annexed list of crimes attached to the indictment [attached list] attached to the original written judgment of the court, and the court permitted changes to this part of the indictment, and thus the judgment of the court below, which was based on the initial indictment, could no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.

[C] The judgment of the court below has changed the part of the crime and the summary of the evidence recognized by the court below's summary of the crime and the evidence to "the victim's property was stolen at least eight times habitually from February 19, 2014 to July 29, 2014, such as the list of crimes in attached Form 4-6." The part of "the victim's property was stolen at least 11 times, as shown in the list of crimes, from February 19, 2014 to July 29, 2014." The part of the judgment of the court below is changed to "the victim's property was stolen at least 11 times as shown in the list of crimes in attached Form 4-6." The summary of the evidence is changed to [Attached list of crimes] attached to the judgment of the court of the court below, and [the summary of evidence] column "1. The defendant's statement of the court at the trial of the court of the court of the court of appeal" and

참조조문

-형사소송법 제364조 제2항

유사 판례

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