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(영문) 광주고등법원 2020.02.04 2019노338

강도상해등

Text

The part of the judgment of the court below concerning each defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (Article 1: 3 years of imprisonment with prison labor for a maximum term, 2 years and 6 months of a short term, and 2 months of a short term: imprisonment with prison labor for a maximum term of one year and 1 years of a short term of six months) of the

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant filed an appeal against the lower judgment, and this court decided to concurrently deliberate on each of the above appeals cases. Each of the offenses against the Defendant in the judgment of the lower court is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment imposed on the Defendant under Article

In this respect, the judgment of the court below against the defendant was no longer maintained.

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 as to the above judgment of the court below, and the part concerning each defendant among the above judgment of the court below is reversed, and it is again decided as follows through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of each defendant among the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 352, 350-2, 350 (1), and 30 of the Criminal Act, Articles 337 and 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 152 of the Road Traffic Act, Articles 152 of the Criminal Act, the selection of imprisonment without a license.