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(영문) 창원지방법원 2018.07.12 2018노822

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. Prior to the judgment on the grounds for an ex officio appeal, the health unit, the defendant was sentenced to a suspended sentence of two years for a period of ten months by obstructing the performance of official duties at the Changwon District Court on January 26, 2018. However, on May 3, 2018, the defendant appealed from the suspended sentence of two years by obstructing the performance of official duties at the Changwon District Court, but the same court was sentenced to a dismissal judgment by the same court on May 3, 201

Since the criminal defendant's larceny of this case is in the relation of concurrent crimes with the obstruction of the execution of official duties for which judgment has become final and conclusive, the punishment shall be determined in consideration of the equity in cases where judgment is rendered at the same time under Article 39 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Reasons for the new judgment] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "1. prior conviction", "an investigation report (the confirmation of the case in question)" to the end of the summary of the evidence, and "an investigation report (the confirmation of the case in question)" is the same as stated in each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act, on the ground that the first head of the judgment of the court below was sentenced two years of suspension of execution in October by obstructing the performance of official duties at the Changwon District Court on January 26, 2018.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation have a record of having been punished several times for the same crime.

However, it is against the defendant's wrong, and scrap iron.