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(영문) 서울동부지방법원 2015.08.28 2015노820
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is unreasonable, in light of the fact that the sentence before re-adjudication is four years of imprisonment with prison labor.

2. The crime of this case is recognized that the crime of this case was committed in 22 times by intrusion upon the victim's residence and habitually stolen a sum of KRW 14,294,50,000, which is significant, the nature of the crime was grave, the damage was not recovered, and the victims did not receive any instruction, and there was a criminal record of having been sentenced three times to imprisonment for the same crime.

However, the Constitutional Court rendered a decision that Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes applied to the judgment subject to reexamination of this case violates the Constitution (the Constitutional Court Order 2014Hun-Ga16, 19, 23 (merged) dated February 26, 2015). Accordingly, the new trial commenced and the prosecutor changed the indictment for habitual larceny under the Criminal Act with the statutory penalty more light of the fact that the prosecutor changed the indictment for habitual larceny under the minor Criminal Act, and other various circumstances with the sentencing conditions such as the defendant's age, career, family relation, etc., the sentence of the court below is appropriate.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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