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(영문) 전주지방법원 2015.05.22 2015노96 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The part of the judgment of the court below against the defendant except the compensation order shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for a maximum of one year and six months, a short of one year, and a fine of 50,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

A prosecutor filed an application for amendment to a bill of amendment with the content that the name of the crime against the larceny of this case was changed from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual Special Larceny", and the applicable provisions of the Act to "Articles 5-4(1) and 331(2), 330, and 329 of the Criminal Act" to "Articles 332, 331(2), 330, and 329 of the Criminal Act". Since the court permitted this and permitted it, the judgment of the court below cannot be maintained any longer.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal.

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 legal provisions concerning criminal facts, Articles 332, 331(2), 330, and 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) and 30 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 70(1)3 of the Specialized Credit Finance Business Act, Articles 70(1)3 of the Specialized Credit Finance Business Act, Articles 70(1) of the Specialized Credit Finance Business Act, Articles 70(3) of the same Act, Article 30 of the Criminal Act, the use of stolen credit cards or debit cards, and the choice of imprisonment.

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