(영문) 의정부지방법원 2016.05.27 2015노3447

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.05.27 2015노3447

상습절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of suspended execution and observation of protection in six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor tried to examine the facts charged against the Defendant, and the prosecutor tried to add “The Defendant, at around October 31, 2015, filed a motion to amend an indictment stating that “The Defendant, at the W Articles 159,00 won, was stolen with 159,00 won or more at the victim X-owned market price, which was displayed in front of the other store, was displayed in front of the other store,” and the subject of the judgment was changed by this court’s permission.

As such, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed in accordance with 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.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court is as follows: (a) the Defendant, on October 31, 2015, stolen the amount of 159,000 won of the victim X-owned market price, which had been displayed in front of the sales store in front of the sales store in W Articles 4 and 4 of the "criminal facts" in the reasoning of the judgment of the court below. (b) The Defendant, on October 31, 2015, 5.

As a result, the Defendant added 712,200 won in total at least five times in total, to “a person’s property was stolen” and “a summary of evidence” to “a summary of the evidence” column.

1. List of seizure;

1. Except for the addition of “damage photographs,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문

-형법

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