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(영문) 수원지방법원 2019.09.05 2019노1182
특정범죄가중처벌등에관한법률위반(절도)등
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.

Reasons

1. The punishment of each judgment of the court below (Article 1: 2 years of imprisonment with prison labor for the first instance court, and 2 years of imprisonment for the second instance court) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

This Court decided to consolidate each appeal case against the judgment below with a single sentence in accordance with Article 38(1) of the Criminal Act, since each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act. Thus, the judgment of the court

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s respective arguments of unfair sentencing, and the judgment below is again decided as follows, after hearing, on the grounds of the above ex officio reversal.

[Discied reasoning] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, and Article 347 (1) of the Criminal Act (Fraud point and choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for Aggravation of Cumulative Offense (Fraud)

1. Grounds for sentencing among concurrent crimes, for sentencing of Articles 37 (former part), 38 (1) 2 and 50 (limited to concurrent crimes with punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victims K with the largest punishment and concurrent crimes) of the Criminal Act;

1. Scope of punishment by law: Two to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims K].

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