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(영문) 광주지방법원 2019.03.19 2018노1592

절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

A seized knife knife.

Reasons

1. Summary of grounds for appeal;

A. The defendant (as to the second and third judgment of the court below), each sentence imposed by the court below (as to the second and third judgment of the court below: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 6 months) is too unreasonable.

B. The prosecutor (as to the judgment of the court of first instance) sentenced by the court below to the defendant (as to the fine of KRW 6,000,000, confiscation) is too uneased and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below joined the appeal cases of the court below ex officio prior to the judgment on the grounds for ex officio appeal, and each offense of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 (Larceny, Selection of Imprisonment), 342, and 329 ( point of attempted larceny, Selection of Imprisonment), Article 330 ( point of attempted larceny) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen debit cards and credit cards loss, each card is included in the use of use of stolen debit cards and credit cards), Article 70 (1) of the Specialized Credit Finance Business Act (the use of each card shall be included in the penalty), Article 360 (1) of the Criminal Act (the use of stolen debit cards and credit cards loss), and Article 360 (1) of the Criminal Act

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.