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(영문) 부산지방법원 2015.05.14 2015노290
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the Defendants ex officio, the prosecutor added “for instance, the Defendant stolen another person’s property over 10 occasions” to the last sentence of the facts charged in the instant case against the Defendant at the time of the trial. The name of the crime was changed from “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” to “a habitual larceny or intrusion upon residence”, and the applicable provisions of the law are “Articles 32, 342, 330, 331(1), 329, 35, and 48(1) of the Criminal Act” and “Articles 332, 329, 331(1), 330, 331(1), 35, 37, 38(1) of the Criminal Act” to “a change in the contents of the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and thus the court’s application for permission cannot be relieved.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal, and the judgment below is judged as follows.

Punishment of the crime

1. On December 15, 2008, the Defendant was sentenced to a suspended sentence of 4 months in Busan District Court for larceny. On May 26, 2009, the same court issued a summary order of 300,000 won as a fine for larceny. On October 13, 2009, the Defendant was sentenced to imprisonment with prison labor for 10 months in the same court on April 5, 2012, and was sentenced to imprisonment with prison labor for 10 months in the same court on April 5, 2012, and one year and six months in the same court on April 5, 2013, and completed the execution of the sentence in the Common Detention House on June 6, 2014.

The defendant is located in Seo-gu Busan, around 23:00 on August 11, 2014.

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