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(영문) 서울동부지방법원 2015.10.16 2015재노10
특정범죄가중처벌등에관한법률위반(절도)등
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.

One (No. 2) perpire of seized calcar (No. 2).

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

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

In the previous trial prior to the decision on commencing a new trial, the prosecutor applied for the amendment of the indictment to add the facts charged in the charge of “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” to the facts charged in the instant case, and the trial allowed

In addition, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the crime and the applicable provisions of the Act to "Habitual thief" and "Article 332 and Article 329 of the Criminal Act"

Therefore, the judgment of the court below cannot be maintained as it is, since it was changed.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

[Dao-written judgment] The summary of the facts constituting an offense and the evidence mentioned by this court and the summary of the evidence are as follows: (a) the facts constituting an offense and the summary of the evidence are added to the third page of the facts constituting an offense in the judgment of the court below (attached Form 3); and (b) the summary of the evidence is as stated in each corresponding column of the judgment of the court below, with the exception of adding “1. L, M, N,O, P, and Q” to the summary of the evidence. Therefore,

Application of Statutes

1. Relevant Articles 332 and 329 of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason and method of sentencing under Article 333(1) of the Criminal Procedure Act for the return of victims to victims, and one time suspension of sentence for the same crime.

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