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(영문) 청주지방법원 2018.10.26 2018노449
절도등
Text

All parts of the judgment below, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the instant crime and is in profoundly against the Defendant, etc. (the first instance judgment: imprisonment with prison labor for 10 months, and the second instance judgment: imprisonment with prison labor for 2 years and 6 months).

2. Ex officio determination

A. The Consolidated Trial Court rendered a decision to consolidate each appeal case among the judgment below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be concurrently sentenced pursuant to Article 38(1) of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes.

Therefore, all judgment of the court below cannot be maintained.

B. A prosecutor changes “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” among the names of the crimes against the Defendant in the judgment of the court below as “special larceny, special larceny, and larceny.” The part of the applicable law stating that “the criminal records” was deleted, and “the Defendant was sentenced to four months of imprisonment with prison labor at the Cheongju District Court on April 20, 2017 and completed the execution of the sentence at the Cheongju District Court on July 13, 2017,” and changed the part of the judgment of the court below as “the victims of the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” to “the victim’s property was stolen in combination with the above AD and infringed upon the victim’s property at KRW 37,59,000,000,000 from that date to February 17, 2018.”

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