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(영문) 부산지방법원 2013.09.05 2013노1762
야간방실침입절도등
Text

The judgment below

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

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B.

Reasons

1. The sentencing of the lower court (A: one and half years of imprisonment, three years of suspended sentence, three years of community service order, two years of imprisonment) is too unreasonable.

2. Before determining the Defendants’ grounds for appeal, the first second part of the previous facts charged by the prosecutor was examined ex officio, and the second part of the previous facts charged by the prosecutor was determined as follows: “In addition, from around that time to April 6, 2013, the Defendants invaded into the hospital hospital hospital located in Busan, Seoul, Gyeonggi, and Gwangju, and stolen mobile phones worth KRW 49,03,000 in total over 48 times.” The Defendant changed the list of crimes in the annexed documents of the previous facts charged into the list of crimes in this judgment. At around 01:30, Jun. 30, 2013, the lower court maintained the victim CDR’s application for permission to change the list of crimes in the annexed documents of the previous facts charged, and thus, the Defendant did not have any further permission to change the list of crimes in the attached documents of this case.”

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is that the second part of the facts charged in the judgment of the court below is that the defendant, as shown in the list of crimes from around that time to April 6, 2013, "the defendant invadedd the hospital room in Busan, Seoul, Gyeonggi, and Gwangju, and stolen the cell phone, etc. in total of 49,03,00 won over 48 times in total, as shown in the list of crimes in the annexed sheet of crimes." The list of crimes in the annexed sheet of the court below is changed to the list of crimes in the annexed sheet of this judgment, and the defendant "A" is changed to the list of crimes in the annexed sheet of the court below on June 30, 2013.

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