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(영문) 전주지방법원 2017.04.13 2016재노5
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a year and six months of imprisonment, confiscation) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, it is clear that the “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” in the name of the offense against the Defendant, among the facts charged against the Defendant, constitutes “Habitual larceny” in accordance with the charges of this case and the amended provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes. As such, it is recognized as “Habitual intrusion larceny in night room” in attached Table 1.

In addition, the applicable legal provisions changed to “Articles 332, 329, 330, 342, and the latter part of Article 37 of the Criminal Act, but Articles 39(1) and 48(1) of the Criminal Act,” and among the facts charged, the criminal records were sentenced to one year from the Gwangju District Court on December 15, 2015 to “the Defendant was sentenced to one year from imprisonment with prison labor for habitual night room larceny, etc.” and the said judgment became final and conclusive on December 18, 2015.

The judgment of the court below was no longer maintained inasmuch as the amendment of the Bill of Indictment was applied for the addition of “the amendment of the Bill of Indictment,” and the subject of the adjudication was changed by this court.

3. Thus, 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 it is again decided as follows after pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and summary of the facts charged in the lower court’s judgment were sentenced to one year by imprisonment with prison labor for habitual night room theft, etc. at the Gwangju District Court on December 15, 2015, and the said judgment on December 18, 2015 became final and conclusive.

“Additional” and the summary of the evidence “1. Vehicle I for the Victim”)” following each investigation report “1. Each investigation report (the wife of the Victim’s O(Motor vehicle owner’s vehicle owner’s vehicle owner’s wife)” are made.

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