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(영문) 창원지방법원 2015.04.23 2015노339
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized fingers, etc.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (two years and six months of imprisonment, confiscation, and return of the victim) is too unreasonable.

2. In the trial of the court of the ex officio judgment, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the term "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes against the defendant as "Habitual larceny", and the term "Articles 5-4(1) and 330, 331(1), and 329 of the Criminal Act" as "Articles 332, 330, 331(1), and 329 of the Criminal Act" as "Articles 332, 331(1), and 329 of the Criminal Act", which are applicable provisions of the corresponding

3. 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 part of the judgment below against the defendant is reversed and it is again decided as follows.

[Judgment used again for the defendant] Summary of facts constituting an offense and evidence recognized by this court and summary of evidence are as stated in the corresponding columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act and Articles 332, 330, 331 (1), 329 of the Criminal Act (limited to habitual larceny and night and night and night and night and intrusion theft) and Article 360 (1) of the Criminal Act (limited to the embezzlement of stolen articles and the choice of imprisonment) of the choice of punishment for the crime;

2. Article 35 of the Criminal Act among repeated crimes;

3. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments in the above two crimes).

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

5. On January 9, 2013, the Defendant, with reasons for sentencing under Article 333(1) of the Criminal Procedure Act, was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on June 23, 2014.

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