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(영문) 부산지방법원 2014.12.19 2014노3549

특수절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1.2.2.2.2.3.2.3.2.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below (No. 1: imprisonment with prison labor for 10 months, confiscation, and return: imprisonment with prison labor for 2 months, and return) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the following facts are examined ex officio prior to the determination of the grounds for appeal by the Defendant. Each of the crimes of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act. Since this court held a concurrent hearing of each of the cases of the lower judgment and then selected the same type of punishment for each of the crimes, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38(1) of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as the above reasons for ex officio reversal, and the judgment below is delivered following the pleadings.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act, the choice of punishment for the crime, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 330 of the Criminal Act, Article 331 (1) of the Criminal Act, and Article 331 (1) of the Criminal Act, each of the following:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the amount of damage is not large and the fact that a defendant reflects on his/her gender);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;