(영문) 청주지방법원 2014.03.20 2013노849 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2014.03.20 2013노849

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

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

1,000,000 square meters (No. 3) of a seized wall.

Reasons

1. The main points of the grounds for appeal (such as imprisonment with prison labor for a period of one year and six months, a suspended sentence of three years) declared by the court below are deemed to be too unhued and unfair.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the following facts: “from around that time to July 6, 2013, the prosecutor added or attempted to steals or attempted to steals property of an amount equivalent to KRW 4,653,00 in total of the market prices owned by the victims on 51 occasions, such as the list of crimes in the attached Table, from around that time to July 6, 2013.” From that time, the prosecutor changed or attempted to steals property of an amount of KRW 4,653,00 in total from that time to January 9, 2014, including the list of crimes in the attached Form and the list of additional crimes: (a) from that time until January 02:40, 2014, the total market prices owned by the victims on 87 occasions in total, including the list of crimes in the attached list and the list of additional crimes.” (b) In addition, the court below’s application for amendments to the indictment was no longer subject to the judgment.

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

Punishment of the crime

The facts constituting the crime of this case acknowledged by the court in the facts constituting the crime of this case in the judgment below stated in Paragraph (1) of the crime of this case " was committed by theft or attempted theft of the total amount of KRW 4,653,000,000 from around that time to July 6, 2013, as stated in the annexed crime list, or of KRW 51 times in total, as stated in the annexed crime list." The crime of this case was committed in addition, except for adding a theft list to the annexed crime list of KRW 21,774,000, total market price owned by the victims over 87 times in total, as stated in the annexed crime list and the annexed crime list.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제2항

유사 판례

-청주지방법원 제천지원 2013.10.10 2013고단611

-청주지방법원 2019.08.13 2018고단1861

-서울동부지방법원 2015.04.29 2015고단477

-청주지방법원 2014.08.22 2014고합91

-청주지방법원 2015.06.04 2015재고단9