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(영문) 제주지방법원 2015.04.09 2015노61
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by ex officio, the prosecutor applied for changes of the name of the crime to "Habitual thief" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual thief", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 32 and Article 329 of the Criminal Act" to "Articles 332 and 329 of the Criminal Act", and "1. A violation of the Aggravated Punishment, etc. of Specific Crimes Act (thief)" from among the facts charged in [2014 high-class 115] to "Habitual th

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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

[Dao-written judgment] A summary of facts constituting an offense and evidence recognized by the court and a summary of the evidence related thereto are the same as the relevant column of the judgment below, except where "1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" is deemed as "Habitual larceny" among the facts constituting an offense in 2014Da1115]. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles of the Criminal Act and the selection of punishment for the crime: Articles 332 and 329 of the Criminal Act;

o. Imprisonment with labor), Article 347-2 of the Criminal Act (Fraud by Use of Information Processing Device)

C. Articles 355(1) and 355(1) of the Criminal Act (Embezzlement)

U.S. Imprisonment

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

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

1. Discretionary mitigation: The defendants in 2010 for sentencing reasons under Articles 53 and 55(1)3 of the Criminal Act.

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