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(영문) 서울고등법원 2015.03.26 2015노66
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

2. The ex officio judgment prosecutor changed "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the names of the crimes against the defendant to "Habitual larceny", withdrawn "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the applicable provisions of the Act, and applied for amendments to an amendment to an indictment in addition to "Article 332 of the Criminal Act".

Therefore, this part of the judgment of the court below was modified, and this part of the judgment should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining criminal facts as stated in the judgment of the court below.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the following decision is rendered

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment below, except for the alteration of the "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" of the second half of the judgment of the court below to the "Habitual larceny", and thus, they are quoted as it is in accordance with

Application of Statutes

1. Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act, Articles 347(1) (a), 347(1), and 352 (a) of the Criminal Act, Article 347(1), and 352 (a) of the Specialized Credit Finance Business Act, Article 70(1)3 (a) of the Specialized Credit Finance Business Act (the use of a stolen card, including the use of a stolen card) for criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act shall be punished, and the nature of the crimes;

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