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(영문) 대구고등법원 2018.09.19 2018노233
특정범죄가중처벌등에관한법률위반(절도)
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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. One stolen (Evidence No. 25).

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment) is too unhued and unreasonable.

2. The ex officio judgment prosecutor applied for changes in indictment with the content of adding the following facts charged to the existing facts charged by this court, and this court permitted this and thus the subject of the judgment of the court below was changed, so the judgment of the court below is no longer maintained.

From around 23:00 on December 8, 2017 to 02:00 on December 11, 2017, the Defendant intruded the victim AT (n. 45 years of age) by means of inputting the password of 118 Dong 505 of the above apartment house 118-dong 505, into the house by inputting the password between the victim's going out of the house, and then intruded into the house by inserting the password between the victim's out of the house, and the victim's market price being kept in the bank inside the clothes, which is the sum of 1,00,000 won of the total market price of the victim's possession, three gold 1,20,000 won of the market price, 1,81,50,000 won of the KG 1,50,000 won of the market price, and 1,50,000 won of the market price, and 1,50,000 won of the market price.

[....]

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except for the cases where "1,753,00 won in total over 12 times" is added to "2,618,00 won in total over 13 times," and the list of crimes attached to the judgment of the court below is changed to the list of crimes attached to this judgment, and "1. The defendant's statement in this court" and "a statement in AT" are added to "the statement in this court" as stated in the corresponding column of the court below.

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