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(영문) 광주지방법원 2015.04.02 2015노56
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Defendant No. 5 of seized evidence.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years and six months of imprisonment for each defendant) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the Defendants was made ex officio prior to the judgment on the grounds for appeal, the prosecutor changed the name of the Defendant from "the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 331 (2) and 48 (1) of the Criminal Act" to "Article 332, 331 (2) and (1) of the Criminal Act", and the judgment of the court below was no longer maintained since this court permitted this to be tried against the Defendants.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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. The Defendants of relevant legal provisions concerning criminal facts: Articles 332 and 331(2) and (1) of the Criminal Act;

1. The Defendants: (a) the Defendants committed the instant crime without being aware of the fact that the Defendants, with the reason for sentencing under Article 48(1)1 of the Criminal Act, had been sentenced to life imprisonment for each of their respective persons and had been released on parole; (b) the victims are the majority and the victims are not sufficient amount of damage; and (c) the damage was not recovered at all.

However, the defendants' mistakes are divided, and they are against themselves, and the defendants live faithfully and economically after parole.

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