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(영문) 서울중앙지방법원 2013.06.28 2013노1197

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. In light of the summary of the grounds for appeal against the judgment below (e.g., the Defendant recognized the lower court’s mistake and reflects it, and some of the crimes are deemed unfair in light of the fact that the Defendant intended to prepare an agreement in a state where the Defendant added shares to stock investment and gambling, and that some of the crimes committed are committed by the Defendant without overcoming the instantaneous suspicion and contingently, the punishment that the lower court rendered by each of the lower judgment (e.g., June, 200: imprisonment with prison labor: 10 months, 10 months, and 3 months: 4 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each appeal case. Thus, each offense of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single punishment should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below has already become impossible

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above. The judgment below is reversed, and it is again decided as follows through pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, Article 37 subparag. 8 of the Resident Registration Act (the illegal use of another person’s resident registration certificate) and Article 329 of the Criminal Act on criminal facts.