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(영문) 전주지방법원 2015.07.03 2015재노5
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for amendments to the indictment of larceny with the name of the criminal defendant as "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and the applicable provisions to "Articles 5-4(1) and 329 and 342 of the Criminal Act" to "Articles 32, 329 and 342 of the Criminal Act" respectively. This court was changed by granting permission.

In addition, the above crime against the defendant and the rest of the crime in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding compensation order under Article 364 (2) of the Criminal Procedure Act is reversed, and it is decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 332 of the Criminal Act, Articles 32, 329, and 342 of the Criminal Act, Articles 347(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 214(2) and (1) of the Criminal Act, Articles 217 and 214(2) of the Criminal Act, Articles 217 of the Criminal Act, Articles 214(2) of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 of the Road Traffic Act (the use of fake securities).

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