(영문) 서울동부지방법원 2012.11.23 2012노1119

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(영문) 서울동부지방법원 2012.11.23 2012노1119

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 160, 161, 162 shall be confiscated.

(e).

Reasons

1. The sentencing of the lower court (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor's 136 times' total amount of 7 criminal facts in the indictment at the trial of the court below shall be changed to "141 times in total", and "total market price of 51,938,00 won" shall be changed to "total market price of 53,98,300 won", and the defendant's application for changes in the indictment with the annexed sheet shall be changed to "total market price of 53,99,300 won". Since this court permitted this, the judgment of the court below shall no longer be maintained.

3. Therefore, 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, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence acknowledged by the court below are as follows: (a) the total of 136 times in the criminal facts column of the judgment below is changed to 141 times in total; and (b) the total of 52 million won in the market price is changed to 53,98,300 won in total; (c) the list of crimes is changed to the list of crimes in the attached Form; and (d) the summary of the evidence is changed to the “statement in the court of first instance” as stated in the corresponding column of the judgment of the court below, except for the alteration to the “statement in the court of first instance” of the first instance as the “statement in the court of first instance”; and (e) it is cited as it

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victims is all the time and reflects on the crime of this case, and the fact that the seizure of the defendant while being kept by the judgment of this case is returned to the victims confirmed.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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