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(영문) 인천지방법원 2020.11.27 2020노1967
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: imprisonment with prison labor for a period of six months) by the lower court is too unreasonable.

2. Each appeal case against the judgment of the court below was consolidated in the judgment of the court below ex officio. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1)2 of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

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's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment of the court below is reversed, and it is again decided as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendant recognized by the court is identical to the description of the corresponding column of the judgment below No. 1 and No. 2. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment) among the aggravation of repeated crimes

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the same kind of crime and embezzlement without being aware of the fact that he/she had been sentenced to punishment several times due to larceny, despite the fact that he/she had been sentenced to punishment for larceny, and that he/she did not reach an agreement with the victims.

However, the defendant recognizes all of the crimes of this case.

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