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(영문) 의정부지방법원 2015.05.01 2015노659
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The seized white paper (Evidence No. 1), winter.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one year and six months of imprisonment, and confiscation) is undue.

2. Before determining the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court, the prosecutor applied for changes in the name of the crime to "Habitual thief" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 5-4(1) and 331(1), 342, and 48(1) of the Criminal Act" in "Article 332, 331(1), 342, and 48(1) of the Criminal Act". Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.

3. Accordingly, 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, and the judgment below is reversed and it 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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332, 331 (1), and 342 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 48(1) of the Criminal Act for sentencing are favorable to the argument of the instant case (such as the fact that the Defendant recognized the entire criminal facts of the instant case and reflects his mistake, the victims do not want the punishment of the Defendant, the change of criminal name and applicable provisions due to habitual larceny as prescribed by the Criminal Act, and the fact that the amount of damage is not significant) and unfavorable circumstances as shown in the argument of the instant case.

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