beta
(영문) 의정부지방법원 2020.04.03 2019노2981

절도등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., imprisonment with prison labor for one year and six months) that the judgment of the court of first instance rendered is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the whole of the judgment below, and according to the Supreme Court Order 2019Hu1045 Decided November 25, 2019, the trial court held that each of the above appeals cases was consolidated and tried. As long as all of the facts constituting the above judgment below are in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be held concurrently and sentenced to a single punishment. Thus, the judgment of the court below cannot be maintained any more.

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

[Dao-written judgment] The summary of the facts constituting an offense and evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, since the facts constituting an offense and the summary of the evidence are all identical to the facts stated in the first instance court's judgment in addition to the fact that "the net gold 70 foot" stated in the 5 foot indictment is obviously deemed to be a clerical error in the "net gold 5 foot", and even if the correction is made, it does not seem to be a substantial obstacle to the defendant's exercise of his right to defense, it shall be corrected ex officio (see, e.g., evidence No. 31, 180 pages).

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, and Article 276 of the Criminal Act concerning criminal facts;