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(영문) 인천지방법원 2014.07.18 2014노199
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (4 months of imprisonment and 2 years of suspended execution) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the investigation report (Attachment of a copy of the judgment of larceny, etc. which became final and conclusive), the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Incheon District Court on April 9, 2014, and the judgment became final and conclusive on April 17, 2014. Each of the crimes of larceny, etc. for which the judgment became final and conclusive and each of the instant crimes of this case are concurrent crimes under the latter part of Article 37(1) of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this respect, the lower judgment is no longer maintained

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

Criminal facts

On April 9, 2014, the first head of the crime as stated in the judgment of the court below, "the defendant was sentenced to two years of suspension of execution for larceny, etc. at the Incheon District Court on April 9, 2014, and the judgment became final and conclusive on April 17, 2014.

In addition, "1....................... together with "a copy of the judgment of the court below" added to "1.....................................

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, each of the Criminal Code Article 330 (the point of larceny at night), Article 329 (the point of larceny, Selection of Imprisonment), Article 152 (1) and Article 43 of the Road Traffic Act (the point of unlicensed driving, Selection of Imprisonment), Article 78 (2) and Article 71 (1) of the Automobile Management Act, and the illegal use of the registration license plate.

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