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(영문) 광주고등법원 (전주) 2014.02.07 2013노274

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

one (No. 30) shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of four years and six months) of the lower court is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, Article 323(1) of the Criminal Procedure Act provides that "when a sentence is rendered, the facts that are to be committed in the grounds for the judgment, the summary of the evidence and the application of the law shall be clearly indicated," and Article 310 of the Criminal Procedure Act provides that "if the confession of the defendant is the only evidence against him/her, such confession shall not be taken as evidence of guilt." Thus, the judgment of conviction shall clearly state the necessary and sufficient reasons, and even if the defendant is led to confession, the defendant shall be found guilty only if any supporting evidence exists, and such supporting evidence shall also be written in the summary of the evidence, and the court below shall set forth only the confession of the defendant as well as the supporting evidence

The judgment of the court below is not only violation of Article 310 of the Criminal Procedure Act, but also violation of Article 310 of the Criminal Procedure Act, but also violation of the reason for the judgment, and the judgment of the court below is not attached to Article 1-A of the judgment.

(b) subsection (b).

Paragraph 3 is regarded as a single comprehensive crime, and the remaining crime of fraud and the crime of violation of the Specialized Credit Finance Business Act are deemed to be concurrent crimes under the former part of Article 37 of each Criminal Code, and thus, the judgment of the court below

(4) The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the following is remanded to the court below for further proceedings consistent with this Opinion.