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(영문) 광주지방법원 2018.09.12 2018노2096
야간주거침입절도등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On August 12, 2017, with regard to the intrusion upon the victim's residence and theft, the prosecutor stolen the victim's 1,40,000 won in total of the market value of the victim's ownership, 24 rolls, ap 1,000 won, ap 1,000,000 won, and 1,000-1,000 square meters.

“Along with the total market value of KRW 150,00,000, the victim-owned 150,000, 6 joints, 2 joints, 1 joints for women, 2 joints, and 2 joints for women.”

“Application for Amendments to Bill of Indictment” was filed, and this Court permitted this Court, which led to the change of the corresponding part of the judgment of the court below, which became no longer able to maintain it as it is.

B. This part of the charges modified by the lower court is a concurrent crime under the former part of Article 37 of the Criminal Act with the remaining facts charged that the lower court found guilty. As such, the lower court’s judgment should be reversed in its entirety.

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

Criminal facts

The summary of the evidence and the facts found by this court and the summary of the evidence were stolen from the facts constituting the crime of the judgment below with the "1,40,000 won in total at the market price owned by the victim" in Article 2 of the "2017 Highest 2304, the victim's possession" in Article 2 of the "2017 Highest 2,304".

“Along with the total market value of KRW 150,00,000, the victim-owned 150,000, 6 joints, 2 joints, 1 joints for women, 2 joints, and 2 joints for women.”

Except for “Ro-ro” height, the judgment of the court below is respectively.

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