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(영문) 부산지방법원 2015.02.05 2014노4159

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay a fine.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one million won of fine) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

According to the records of this case, the Defendant, who was sentenced to two years in Busan District Court on January 15, 2014 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, was established on May 12, 2014. Since the crime of this case was committed before the above judgment becomes final and conclusive, the crime of this case is a crime committed before the above judgment becomes final and conclusive, and the crime of this case is concurrently committed with the crime of the latter part of Article 37 of the Criminal Act

In this respect, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows: the first head of the criminal facts, "the defendant was sentenced to two years of imprisonment by the Busan District Court on January 15, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the above judgment became final and conclusive on May 12, 2014" was added to the summary of the evidence, and "1. Before the end of the evidence: In addition, the investigation report is the same as the corresponding column of the judgment of the court below." Thus, it is accepted in accordance

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order in this case.