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(영문) 수원지방법원 2016.11.17 2016노4753

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant - Each of the punishments (No. 1: imprisonment of August, 200) that the original court rendered on the first and second original judgments (no. 1: imprisonment of August, 200: imprisonment of February) is too unreasonable.

B. Prosecutor - The above punishment sentenced by the first instance court as to the first instance judgment is too uneasible and unfair.

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

As the judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the judgment of the court of first instance, the defendant and the prosecutor filed an appeal against the judgment of the court of second instance and the defendant filed an appeal against the judgment of the court of second instance, and the court of second instance decided to hold a joint hearing of the above two appeals cases. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence should be sentenced pursuant to

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of authority and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[C] The facts of the crime and the summary of the evidence recognized by this court and the summary of the evidence are the facts of the crime and the summary of the evidence. The judgment of the court of first instance, except for correcting the "new world merchandise merchandise coupon No. 5 in the annexed list of crimes" as the "new world merchandise coupon", is the same as the stated in the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the defendant for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is all the crimes of this case.