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(영문) 인천지방법원 2015.06.26 2015노828 (1)
특수절도등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the decision of the court below against the defendant is too unreasonable.

2. We examine ex officio determination, and the defendant filed an appeal against the above judgment of the court of the court of the court of the first instance and decided to jointly examine all the above appeal cases. Since the first and second offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act, the part against the defendant in the judgment of the court of the first instance and the second judgment of the court of the court of the court of the first instance cannot escape from reversal.

3. According to the conclusion, the judgment of the court below against the defendant is reversed in the judgment of the court of first instance under Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the judgment of the court below against the defendant is reversed and the judgment of the court below is again decided as follows after pleading.

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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and Article 331(1) of the Criminal Act (a) of the applicable law for criminal facts; Article 342, Article 331(2) and Article 331(1) of the Criminal Act (a) (a) of each Criminal Act; Article 347(1) and Article 30 of the Criminal Act [a] Article 347(1) and Article 30 of the Criminal Act [a] Article 30 [a] Article 30 [a] Article 30 [a] Article 70(1)3 of the Specialized Credit Finance Business Act; a Article 30 of the Criminal Act [a] Article 70(1) [a] Article 7782 [a] Article 30 of the Criminal Act [a] Article 30 of the Criminal Act [a] Article 329, Article 30 of the Criminal Act [a] Article 347(2) [a] Article 347(1) [a] Article 20 of the Criminal Act shall be excluded from [a [a] Article 782 of [a [a] [Attachment [a] Article 301 of the [a] [a] [a] [a] [b] [a] [a] Article 3

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