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(영문) 서울중앙지방법원 2016.04.08 2016노332
야간건조물침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of the lower court No. 1 and the second sentence of the lower court (no. 8 months of imprisonment) (no. 4 months of imprisonment) on the summary of the grounds of appeal (unfair sentencing) are too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held that each appeal case against the judgment below was consolidated and reviewed.

However, since each of the concurrent crimes stated in the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one of the concurrent crimes should be punished within the scope of a single sentence under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below that sentenced two punishments on each of the above crimes can no longer be maintained.

3. The court below's conclusion is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 329 (a thief by intention, election by imprisonment), and 319 (1) of the Criminal Act (a thief by intrusion upon a structure, and election by imprisonment) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. A favorable circumstance is that the Defendant’s reason for sentencing Article 37 former part of the Criminal Act, Article 38 subparag. 1 subparag. 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is against the recognition of his/her mistake, and the amount of the stolen money and valuables is not much high.

On September 17, 2013, the Defendant was sentenced to a suspended sentence of eight months due to intrusion upon residence, larceny, etc. on September 17, 2013, and was sentenced to a suspended sentence of four months on June 12, 2014 during the grace period, due to intrusion upon a structure at night, larceny, etc., and was sentenced to four months during the period of parole on May 29, 2015.

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