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(영문) 부산고등법원 2015.04.29 2015노27
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

one (Evidence No. 1), cut and cut of seized nets.

Reasons

1. In light of the fact that the defendant sent an unfortunateed period of time, and that it is necessary to look at a sentence of Grade I with visual disability, the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the Prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to “Habitual Larceny” and “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and “Article 331(1) of the Criminal Act” in the applicable provisions of the Criminal Act, respectively. This court permitted this, thereby changing the part of the judgment. Meanwhile, each of the offenses listed in the judgment of the court below should be treated as concurrent offenses under the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Accordingly, the judgment of the court below cannot be maintained.

Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

On June 1, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on March 6, 2014 and completed the execution of the sentence.

1. At around 03:20 on Nov. 3, 2014, the Defendant habitually stolen: (a) confirmed that there was no one who passed around the “E” bank operated by the victim D of the victim D in Ulsan-si, Ulsan-si; (b) cut in advance, cut lockeds on the right door of the entrance at the entrance and damaged; (c) intruded into the door and then cut off the display site with the glass of the victim’s market value in an amount of KRW 9,2140,00,000, KRW 250,000, KRW 185, and KRW 18,000 of the market value in the display site, and cut off.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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