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(영문) 인천지방법원 2015.07.03 2015노1734
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

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

Seized evidence 1, 2, 2.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the stolen goods that were seized and the reason for return to the victim is clear should be returned to the victim by the judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly admitted and examined by the court below, the court below's judgment against the defendant cannot be upheld since the date and time of the crime No. 2, No. 3, and No. 6 of the crime No. 1, No. 2, No. 3, and No. 4 and No. 5 of the crime No. 3, No. 4 and No. 5 of the crime No. 3, No. 1, No. 7 of the crime day list of the court below's decision, and the stolen goods that were found at the place of the crime No. 1, No. 3, No. 7 of the crime day of the court below, and each victim's name and unclaimed goods obtained at the place of the crime No. 1, No.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the statement of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) concerning facts constituting an offense, and Article 360(1) of the Criminal Act (the occupation of embezzlement of stolens and the choice of imprisonment);

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

1. Discretionary mitigation is favorable to the defendant as shown below under Articles 53 and 55(1)3 of the Criminal Act.

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