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(영문) 수원지방법원 2021.02.17 2020노6342
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The part of the case of the defendant is reversed.

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

seizure.

Reasons

1. Summary of the Reasons for Appeal: In addition to the unfair argument of sentencing as to the guilty part of the judgment of the court below, each prosecution which unfair sentencing has lodged an appeal on the ground of “misunderstanding of facts and misunderstanding of legal principles” as to the acquittal portion of the reasons for the judgment of the court below, but at the first trial date, the court below [20 order 1969] filed an oral application for changes in indictment with regard to the crimes related to the crimes No. 5 re-related in the annexed list No. 1969 among the facts charged in the case, and this court

Therefore, among the grounds for appeal by the prosecution, the subject of the deliberation by the party is limited to the argument of "unfair sentencing."

2. We examine ex officio prior to the determination of the ex officio judgment and the Defendant’s respective arguments regarding sentencing.

In the first instance trial, the prosecutor requested the court below [2020 order 1969] to amend a bill of amendment, following legitimate procedures, to change the sum of "2,003,000 won in cash" in the sum of "2,00,000 won in cash," among the charges of the case, the part of the court below's judgment on the premise of the initial indictment (including the portion of innocence) of the defendant's case cannot be maintained any longer.

3. Therefore, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the prosecutor and the defendant, and the part of the case (including the portion not guilty of the grounds) among the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The facts constituting an offense and the summary of the evidence are all the same as the facts stated in the judgment below, and as seen earlier, the prosecutor tried at the trial of the court below.

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