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(영문) 대구지방법원 2017.01.18 2016노4614
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The seized fingers (the model name LAMNT).

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal by the defendant, the stolen items seized and the reason for return to the victim is clearly clear should be returned to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly examined and adopted by the court below, one handci (Evidence No. 512-2 of the 2016 pressure branch office of the Daegu District Public Prosecutor's Office) (Evidence No. 512-1 of the 2016 branch office of the Daegu District Public Prosecutor's Office), one handci (Evidence No. 2 of the 3), one handci (HENSI), three handci (No. 3 of the 3 of the 3 of the 3 of the 3 of the 3 of the judgment below, which did not affect the conclusion of the judgment below, the court below erred in the misapprehension of legal principles as to the victim's name and the body of the 17 of the 3 of the 3 of the 3 of the 17th public prosecutor's office.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Code concerning the facts constituting an offense and Article 329 of the choice of punishment (the Do, and the Do, respectively) of the Criminal Code

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