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(영문) 서울고등법원 2016.11.03 2016노1592
특수강도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (six years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the first instance trial, the prosecutor maintained the original facts charged which the court below found guilty as the primary facts charged, and applied for the modification of the indictment with the same content as the “criminal facts” stated as the primary facts charged, as the ancillary facts, as the name of the conjunctive crime, and as the applicable provisions of Article 347(1) and Article 30 of the Criminal Act, respectively, with the permission of this court.

However, as seen below, as long as this court rendered a not guilty verdict of the primary facts charged and found the defendant guilty of the facts charged added in preliminary, the judgment of the court below that only the primary facts charged can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of ex officio reversal, and the following decision is rendered after pleading.

[Reasons for the judgment of the Republic of Korea] The criminal history of the crime, the defendant, the net C (Death, March 26, 2015) and D (nameed receipt of this case) have raised money for gambling in the Philippines, and the defendant and the deceased C have a casino travel with the knowledge that the victims E, who were known to the general public, have been in possession of a large amount of cash, induced the victims to the Philippines, under the course of casino travel, and induce them to engage in sexual traffic with the local minors of the Philippines. The defendant and the deceased C to control the above field and arrest the victims, and if the victims do not have access to the victim who was misrepresented to the victim, they would have received money and valuables from the victim by making a false statement as if they would be detained in the prison.

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