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(영문) 서울남부지방법원 2018.10.11 2017노2723
절도등
Text

All judgment of the court below shall be reversed.

Resolution of the second adjudication of the defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: 2 years of imprisonment, and No. 2: imprisonment with prison labor for the crime set forth in the judgment of the court below; 2 months of imprisonment with prison labor for the crime set forth in the judgment of the court below; 6 months of imprisonment for the crime set forth in the judgment of the court below; 3 months of imprisonment with prison labor for the crime set forth in the judgment of the court below; and

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

With the consolidation of each case of the judgment below in the case of the court below, each crime of the judgment below except for the violation of the Act on the Punishment of Acts such as the Mediation of Commercial Sex Acts by the 2nd judgment against the defendant (the mediation of commercial sex acts, etc.) was concurrent crimes under the former part of Article 37 of the Criminal Act

In this case, in accordance with Article 38 of the Criminal Code, one sentence should be sentenced simultaneously, so the judgment of the court below against the defendant can no longer be maintained.

3. If so, the judgment of the court below is reversed ex officio as above. Thus, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without omitting the judgment of the court below as to the defendant's unfair argument of sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act regarding the criminal facts, the choice of punishment (abstinence of imprisonment, each of the choice of imprisonment), Article 231 of the Criminal Act (abstinence of the foregoing private document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (abstinence of imprisonment, the choice of imprisonment), Article 230 of the Criminal Act (abstinence of the illegal use of public document, the choice of imprisonment), Articles 152 Subparag. 1 and 43 of the Road Traffic Act (abstinence of the unlicensed driving, the choice of imprisonment), Article 19(1)1 of the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, from June 2013 to August 2013).

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