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(영문) 부산지방법원 2017.10.13 2017노2514
상습절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor was in the trial of the case, and the facts charged in the instant case are opened a door that, around June 3, 2016, at around 16:00, the victimY-owned Y-owned Y-owned Y-owned Y-U.S. 1, which was parked at the front of the 249 p.m. 20m. 1, the Busan Suwon-gu training around June 3, 2016, was in the vehicle.

In addition, “1....” and “2......” and “3....” as “2....” and “4......” respectively, respectively, changed to “6......” and “5.....” to “3.......” and “6......” and the judgment of the court was changed to “6......” In this respect, the judgment of the court below cannot be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) the victim's Y-owned Y-owned Y-owned Y-owned Y-U.S. 1, which was parked in the front parking lot of No. 249, Jun. 3, 2016, at around 16:00, in the column of the crime history of the judgment of the court below and the summary of the evidence; (b) the victim's Y-owned Y-U.S. 1, which was parked in the front parking lot

10,000 won in cash, including the 10,000 won and the 20,000 won in total, are stolen; “The 1....... the Defendant’s suspect interrogation protocol and the 1.... the police statement protocol against Y,” respectively, are added to the column for the evidence examination; “1.1.” and “2.” as “2.”

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