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(영문) 서울북부지방법원 2017.02.01 2016노2697
특수절도등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

Seized pipe tackers (a certificate. ..)

Reasons

1. Reasons for appeal;

A. The lower court’s punishment is heavy.

(b) Prosecutor 1) It constitutes a deadly weapon extracted by the Defendant from a misunderstanding of the fact.

2) The lower court’s punishment that is unfair in sentencing is light.

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

On November 1, 201, the prosecutor applied for amendment of the Bill of Amendment to the Bill of Amendment to the Bill of Amendment to the Customs Duties, which is the interest on dangerous objects extracted from the Special thief among the charges of larceny.

This court allowed changes in the bill of amendment to the indictment and became different.

3. The judgment of the court below is reversed ex officio due to changes in the indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 331(1), 330 (Special Larceny), 320, and 319(1) of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act, Articles 342, 331(1), and 330 of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, crimes No. 1 [the scope of recommending punishment] in the area of aggravation (one year and six months to four years) in the area of aggravation (one year and six years to four years) in general property] [the scope of recommending punishment] in the case of carrying a deadly weapon, or crimes No. 2 in the basic area of crimes (the scope of recommended punishment] (one year to two years and six months) (no person subject to special sentencing) in the basic area of crimes No. 4 (the scope of recommended punishment) (one year to six months) (no person subject to special sentencing) in the area of aggravation of multiple crimes: the portion not guilty in June to May to March:

1. On November 1, 201, the part concerning the summary of the charges of special larceny.

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