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(영문) 광주지방법원 2017.11.22 2017노2292

절도등

Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the Defendant was sentenced to one year of imprisonment with prison labor by larceny, etc. at the Gwangju District Court on June 8, 2017, and the judgment became final and conclusive on August 11, 2017. As such, in relation to each of the crimes and the above larceny, etc., for which the judgment of the lower court rendered with respect to the Defendant became final and conclusive, a punishment shall be determined in consideration of the equity with the case at which the judgment is rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act, and thus, the lower court, which did not take such measures, is unable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is the first head of the facts charged on the first page of the judgment of the court below. The judgment of the court below became final and conclusive on August 11, 2017 after having been sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on June 8, 2017.

In addition, “other than adding” is the same as indicated in each corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The Defendant committed each of the crimes of this case without being aware of it during the period of repeated crime due to quasi-special robbery, etc. for the reason of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes. The Defendant is identical to the Defendant.