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(영문) 대전지방법원 2016.02.04 2015노2766
절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

An application for compensation filed by an applicant for compensation.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) of the original judgment (in the first instance court: Imprisonment with prison labor for 8 months and 2 years: imprisonment with prison labor for 2 years and 6 months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25(3)3 and 4, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (i.e., the scope of compensation liability of the defendant is not clear or it is recognized that issuing a compensation order in the criminal proceedings is not reasonable) on the grounds of sentencing, despite the fact that the defendant was punished for the larceny crime, the defendant committed each of the larceny crimes of this case at all times, the number of victims is large, the amount of damage is large, the victim was not agreed with the victims, and there was no effort to recover damage, and the defendant requested the full bench to provide an opportunity for agreement during the trial of the first instance court, and there is a situation where the location is unknown.

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