beta
(영문) 서울남부지방법원 2016.01.29 2015노1575

특수절도등

Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment of one year and eight months, and Defendant B shall be punished by imprisonment of one year and two months, respectively.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (the court below's judgment of 1: imprisonment of 1 year and 6 months; imprisonment of 1 year and 1 year; and imprisonment of 2 years: imprisonment of 6 months for each of the defendants) is too unreasonable.

2. According to the records of ex officio judgment, the judgment of the court below and the judgment of the court of second instance against the Defendants were sentenced to each of the above judgment, and the Defendants filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the Defendants in the first and second judgment are concurrent offenses under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, each of the judgment of the court below cannot be maintained.

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

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (amended by Act No. 13718, Mar. 1, 201); Article 331(2) and 331(1) of the Criminal Act (amended by Act No. 331, Jan. 2, 201); Article 342 of the Criminal Act; Article 331(2) and (1) of the Criminal Act (amended by Act No. 1371, Jan. 6, 2016)

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. The Defendants who aggravated concurrent crimes: The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the confessions of and reflects against the crimes, and the fact that the Defendants agreed with the victim E are favorable to the Defendants.