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(영문) 대전고등법원 (청주) 2017.11.16 2017노103
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The remainder, other than the part of the application for compensation, is reversed.

Defendant shall be punished by imprisonment for a period of four years and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (excluding imprisonment with prison labor for four years and six months) is too unreasonable.

2. Before making a judgment on the ground of appeal ex officio, the prosecutor applied for changes in the indictment to add the following charges, which are related to the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the trial at the trial of the party, and as a result, changes in the subject matter of the trial by permitting the same, and the remaining parts of the judgment of the court below excluding the part of the application for compensation among the judgments of the court below

- Additional facts charged - The Defendant and H decided to steal money and valuables by entering the place where I Oral car can be seen as an abandoned house while getting on and going on the I Oral car.

On August 11, 2016, between 14:11 to 15:00 on August 11, 2016, the Defendant and H shall open a door that is not set up by the Defendant, and take up a total of 3.60,00 won in cash within the wall of the victim’s wall owned by the victim and the church located in the Donsan-gun of Chungcheongbuk-gun, with H parked parking in the neighboring DY, while waiting in the above Donton-gun, with H, in a view to the network.

In other words, they stolen them.

Accordingly, the Defendant habitually stolen the victim’s property, together with H.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading, on the grounds that the judgment of the court below is reversed ex officio.

[Grounds for the judgment which is used again] The criminal facts and the summary of the evidence acknowledged by the court of this case shall be changed to the facts constituting the crime of the judgment below as follows: (a) habitually and jointly with H five times in total, as shown in Table 1 of the List of Crimes No. 1; and (b) habitually, together with H, the victims' property was stolen at least six times in total, as shown in the attached Table No. 1 of the List of Crimes; and (c) the same shall apply to the case at least once in the attached Table No. 1 of the List of Crimes.

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