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(영문) 대전지방법원 2013.07.11 2012노967
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor conducted an ex officio examination, and the prosecutor conducted a trial, and the charge against the defendant was found to be in the trial, and "the defendant entered the house through a gate that was not corrected in the residence of the victim G located in the Chungcheongnam-gun, Chungcheongnam-gun on August 31, 2012. The defendant applied for changes in the indictment to add 14 K mpppppppp in the aggregate amount of KRW 4.80,00 won in the market value of the victim's cash located in the victim's mppppp, which was located in the victim's home mp, to the sum of KRW 1,80,00,00,000 in the victim's house mpp, 4 clothes, etc., and this court changed the subject of the judgment by permitting this. In this respect, the judgment of the court below was no longer maintained.

3. Accordingly, 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 grounds of ex officio reversal as seen earlier, and it is again decided as follows.

Punishment of the crime

On May 1, 2002, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's Seosan Branch. On May 19, 2004, the Defendant was sentenced to one year and six months of imprisonment for the same crime at the Daejeon District Court's Daejeon District Court on May 29, 2009, and was sentenced to six months of imprisonment for the punishment of larceny and two years of suspended execution. On August 14, 2009, the Defendant was sentenced to six months of imprisonment for the punishment of larceny and six months of imprisonment for the punishment of larceny, etc. at the Daejeon District Court's Red Branch Branch on September 15, 201, and completed the execution of the sentence at the Daejeon District Court on February 4, 2011.

The defendant shall have the ability to discern things or make decisions due to the shocking disability.

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