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(영문) 서울고등법원 2017.03.30 2016노3785
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four years.

Defendant .

Reasons

1. The court below found Defendant A guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, quasi-rape, Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on the Punishment, etc. of Sexual Crimes, Act on the Punishment, etc. of Sexual Crimes, and Act on Special Cases Concerning the Fraud of Defendant B, and Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Defendant A’s intimidation was pronounced. Defendant A appealed on the conviction portion, and the prosecutor appealed against Defendant A and dismissed the part of public prosecution for which Defendant A and the prosecutor did not appeal against Defendant B. Thus, the court below's scope of the judgment of this court is limited to the part of Defendant A's violation of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes, quasi-rape, and Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on the Punishment

2. Summary of reasons for appeal;

A. The lower court’s sentencing against Defendant A is too unreasonable.

B. The lower court’s sentencing against the Defendant B of the Prosecutor is too uncomfortable.

3. Determination

A. We examine the judgment ex officio on the grounds for appeal by Defendant A prior to the judgment on the grounds for appeal by Defendant A.

In the first instance trial, the prosecutor applied for the amendment of a bill of amendment to the indictment with respect to adding "thief on April 12, 2016 and May 10, 2016," which was acknowledged under the facts charged of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Defendant A, to "thief on May 10, 2016." This court permitted the amendment, and this part was modified by this court's permission. This part shall be sentenced to a single sentence within the scope of punishment with respect to concurrent crimes under the former part of Article 37 of the Criminal Act with respect to the remaining criminal facts which the court below found guilty and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the guilty part against Defendant A among the judgment of the court

B. Determination of the prosecutor's improper assertion of sentencing.

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