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(영문) 의정부지방법원 2015.07.07 2015재노15
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

A victim of seized evidence No. 11.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, and repayment) of the lower court is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the bill of amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes in the name of the crime as "Habitual larceny", and Article 5-4(1) and Article 329 of the Criminal Act in the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Articles 332 and 329 of the Criminal Act". Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense (or, collectively, the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

A. In light of the fact that the crime of this case has committed the crime of this case since the defendant had been sentenced to punishment for the same kind of crime, and thus, it constitutes a repeated crime, the defendant has a record of punishment for the same kind of crime several times, and the defendant has a habiting wall for theft by intrusion into an empty house through the open window, etc., it is inevitable to sentence a sentence of punishment to the defendant.

B. The Defendant recognized most of the instant crimes, and against himself.

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