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(영문) 서울서부지방법원 2016.01.22 2015노1208
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings by examining the judgment of the court below. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, and this part of the judgment of the court below is no longer maintained.

B. A prosecutor made a request for permission to amend an indictment to "Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act" in the applicable law of the case as "special assault" among the names of the crimes in this case, and since this court has changed the object of the trial by permitting it, the judgment of the court below 1 which is the premise of the initial indictment cannot avoid reversal in this reason.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: the first instance court's judgment's violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) No. 3 of the first instance court's judgment "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" is the same as the corresponding column of the court below's judgment, and thus, it is cited 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 choice of punishment for the crime (abstinance, imprisonment with prison labor);

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