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(영문) 부산지방법원 2014.01.10 2013노1140
특수절도등
Text

The parts of the judgment of the court below Nos. 1, 3, 4 and 2, other than the compensation order, shall be reversed, respectively.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal is that each sentence (Article 1. 8 months of imprisonment with prison labor for the first instance court, and Articles 2 and 1. 2: imprisonment with prison labor for one year and 1. 2 million won, and fines for the third instance court: imprisonment with prison labor for April and 4: Fine for the fourth instance court) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case of this court 2013No1140, which is the appeal case against the judgment of the court of first instance; the case of this court 2013No1528, which is the appeal case against the judgment of the court of second instance; the case of this court 2013No3209, which is the appeal case against the judgment of the court of second instance; the case of this court 2013No3346, which is the appeal case against the judgment of the court of second instance; and the case of this court 2013No3346, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance; since all of the offenses of the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the concurrent crimes shall be sentenced to a single sentence within the scope of aggravated crimes pursuant to Article 38

3. If so, the part of the judgment of the court below Nos. 1, 3, 4 and 2, except the compensation order, is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the part of the judgment of the court below Nos. 1, 3, 4 and 2, excluding the compensation order, shall be reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 331(2) and (1) of the Criminal Act regarding criminal facts, Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, Articles 347(1) and 30-2 of the Criminal Act concerning criminal facts.

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