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(영문) 부산지방법원 2017.05.26 2017노756
특수절도등
Text

The judgment of the court below is reversed.

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

Sub-paragraphs 1 to 4, 20, .

Reasons

1. The sentence imposed by the court below (a year and six months of imprisonment, confiscation, and exchange) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, a sentence of return to the victim shall be rendered only when the reasons for return to the victim are clear (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the court below, two copies of 200, 200, 200, 100, 100, 100, 100, 100, 100, 100, 100, 300, 1,000, 3,000, 1,000, 3,000 (Evidence No. 8), 1,000, 3,000, 1,0000, 1,000, 1,000 gift certificates (Evidence No. 10, 10, 10,0000, 10,0000, Chinese evidence No. 11, 10,000) were no more affected by the judgment.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: “26 US$300,000 (one 300,000 won)” in the 4th sentence of “2016 Highest 7708 highest 7,00 won” in the judgment of the court below; “thief, and intrusion upon residence” in the attached Table No. 3 in the annexed Table No. 3; “thief, and one thief,” and “the attempted larceny” in the name of the crime No. 44 times in the present year, shall be deemed as “thief, and intrusion upon residence.”

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