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(영문) 청주지방법원 2015.04.02 2014노1042
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The seizure of articles 3 through 6, 12 through 31, respectively.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unfased and unreasonable.

2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the Prosecutor changed the term “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” which is the name of the crime in the trial of the party concerned, to “Habitual special larceny”, and “Articles 5-4(1), 331(2), and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes” among applicable provisions of the Act, to “Articles 32 and 331(2), and 331(1) of the Criminal Act,” respectively, and applied for an amendment to a bill of amendment to the indictment containing the facts charged as stated in paragraph (4) of the same Article. Since this Court permitted it, the judgment below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[C] On June 14, 1990, the Defendant was sentenced to imprisonment for a short term of two years and six months at the Seoul Central District Court for the crime of larceny at night, etc., and was sentenced to imprisonment for a short term of two years and six months. On July 9, 1993, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes in the Cheongju District Court’s Assistance Act. On August 28, 1996, the Defendant was sentenced to imprisonment for two years and six months with prison labor for the same crime under the Cheongju District Court’s Support Act. On April 4, 200, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Daejeon District Court; on July 16, 2003, sentenced to imprisonment with prison labor for two years and two months from the Cheongju District Court’s assistance for special larceny; and on September 28, 2011, the Defendant was sentenced to imprisonment with prison labor for two years and six months from the Jeju District Court.

1. The Defendant and C’s joint criminal administration together with C, on March 3, 2013, at the time of 00:30, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seocheon-gu, Yyang-gu, 935.

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