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(영문) 수원지방법원 2014.11.17 2014노4384

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. According to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by authority, the records show that the defendant was sentenced to four months of imprisonment with prison labor from the Suwon District Court for larceny on February 5, 2014 and the judgment became final and conclusive on February 13, 2014, and on March 27, 2014, by being sentenced to imprisonment with prison labor for larceny, etc. at the Suwon District Court for one year and two months on May 29, 2014, and the judgment became final and conclusive on May 29, 2014. Since each of the crimes of this case and of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment at the same time and taking into account equity, the judgment of the court below cannot be maintained.

3. Therefore, 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 again decided as follows after hearing.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by the court in question are as follows: “The defendant was sentenced to four months of imprisonment with prison labor from the Suwon District Court for larceny on February 5, 2014 and the judgment became final and conclusive on February 13, 2014; on March 27, 2014, the Suwon District Court sentenced one year and two months of imprisonment with prison labor for larceny, etc.; and on May 29, 2014, the judgment became final and conclusive on May 29, 2014” in the first head of the facts constituting an offense as stated in the judgment of the court below; “In the summary of the evidence,” each summary of the summary of the case agreement, auxiliary clause, and each judgment are as stated in each corresponding column of the judgment of the court below except for the addition of each additional case,

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.