beta
(영문) 광주고등법원 (전주) 2017.09.19 2017노18

특수절도등

Text

Of the judgment of the court of first instance, the part of the judgment of the court of second instance against Defendant B, and the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. The respective sentences of the lower judgment by Defendant B (the first instance judgment: imprisonment with prison labor for a period of one year and six months; imprisonment for a period of eight months, suspension of execution for a period of two years, and imprisonment for a period of three years: imprisonment with prison labor for a period of one year and three months) are too unreasonable.

B. Each sentence of the Defendant CD No. 1 and 3 decision (the first decision of the court below: imprisonment with prison labor for one year, and imprisonment with prison labor for one year) is too unreasonable.

(c)

The 2nd judgment of the prosecutor with respect to Defendant B, and the 3rd judgment of the Defendants, are deemed unfair because the form of the 3rd judgment of the Defendants is too unhued.

2. This court decided to hold a joint hearing of all appeals cases of the judgment of the court below. Since the facts charged against Defendant B and the facts charged against Defendant CDs of the judgment of the court below regarding the first and third judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act for each of the defendants, the court shall be sentenced to one principal sentence.

Therefore, among the judgment of the court of first instance, the guilty part of the judgment of the court of second instance, the part on the defendant B, and the judgment of the court of third instance can no longer be maintained.

3. As such, the part of the judgment of the court below in the first instance, the part on the defendant B among the judgment of the court below in the second instance, and the part on the defendant B among the judgment of the court below in the second instance, and the part on the defendant B among the judgment of the court below in the judgment of the court below in the second instance without examining the defendants' and the prosecutor's improper assertion of sentencing, shall be reversed and the judgment of the court below in the second instance shall be reversed and the judgment of the court below in the second judgment

[Grounds for a new judgment] Criminal facts and the summary of evidence against the Defendants recognized by this court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the pertinent legal provisions regarding criminal facts: Articles 331(2) and 331(1) of the Criminal Act (a special larceny) and Articles 347(1) and 30 of the Criminal Act (abstinence).