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(영문) 서울중앙지방법원 2019.09.06 2019노153

특정범죄가중처벌등에관한법률위반(절도)등

Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The sentence (No. 1: imprisonment with prison labor for 2 years, and 2 years: imprisonment with prison labor for 1 year and 6 months) declared by the court below is too unreasonable.

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

This Court held the appeal cases against each of the judgment below concurrently and tried, and each of the offenses at the time of original trial is concurrent crimes provided for in the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each of the judgment below becomes unable to maintain

3. Accordingly, the court below's decision is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 and Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 347-2 of the Criminal Act, each of which is applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes];

1. Article 37 of the Criminal Code among concurrent crimes.