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(영문) 수원지방법원 2013.09.12 2013노2247
특수절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the seized evidence.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of each court below (No. 1 and 6 months of imprisonment with prison labor, short-term one year and short-term one year, confiscation, and second instance judgment: 6 months of imprisonment) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of appeal are consolidated before the judgment of the court of first instance on the grounds for appeal by the defendant, and the judgment of the court of first instance and the judgment of the court of second instance are in a concurrent relationship with each other under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed at the same time in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court of first instance

In addition, since the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the declaration of the first instance court's judgment, but it is apparent that he had attained majority during the trial, the first instance court's judgment that sentenced the defendant not to be sentenced to imprisonment was no longer maintained in this respect.

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

【Discretionary Judgment】 Criminal facts

1. Special larceny;

A. On February 24, 2013, at around 02:28, the Defendant and Co-Defendant C of the first instance judgment, and L, up to a cafeteria operated by the Victim N in Ansan-si, the Defendant reported the network on the front side of the above cafeteria, and the Defendant opened and intrudes the windows by attaching or cutting off the windows with the draber in possession of the Defendant, thereby holding a cash equivalent to KRW 100,000,000,000, which is the victim’s possession in the relevant simple safe.

Accordingly, the defendant stolen the victim's property together with the above C and L.

In addition, the Defendant entered the list of crimes in attached Form from February 24, 2013 to February 26, 2013, from February 02:0 to February 05:00.

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