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(영문) 인천지방법원 2016.04.07 2015노4691
특수절도등
Text

The part of the judgment of the court of first instance against the Defendants and the judgment of the court of second instance shall be reversed, respectively.

Defendants shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for each of the two years and the second instance judgment: imprisonment with prison labor for each of the two years) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the Defendants filed an appeal against the judgment below, and this court decided to hold a joint hearing of both the above appeal cases. Since each of the offenses against the Defendants constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below may no longer be maintained, since each of the offenses against each of the Defendants constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to

3. Accordingly, the judgment of the court below is reversed as to the defendants among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and the judgment of the court below as to the defendants and the judgment of the court of second instance is reversed, and it is again decided as follows after pleading.

[Re-written part of the judgment below] Criminal facts and summary of evidence acknowledged by this court and summary of evidence are identical to the part against the defendants in the judgment of the court of first instance and the corresponding column of the second judgment. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and Defendant A who has selected a punishment for a crime: Articles 331(2) and (1) of the Criminal Act; Articles 330 (a), 342, 331(2), and (1), and 30 (a) of the Criminal Act; Articles 331(2) and 331(1) of the Criminal Act (a point of attempted joint larceny) of the same Act; Articles 342, 331(2), and 331(2) and (1) (a) of the Criminal Act (a point of attempted joint larceny) of each Criminal Act; Articles 331(2) and (1), 30 (a), and 30 (a) of the Criminal Act; Articles 342, 331(2), and (2) of the same Act (a) of the same Act; Articles 342, 331(2), and (31) (a) of the same Act; and Article 331(2) of the same Act (a joint larceny.

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