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(영문) 인천지방법원 2016.11.23 2016노2681
특수절도등
Text

All the judgment of the court below (including the compensation order and provisional execution part of the judgment of the court of first instance) shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the Defendants (No. 1: imprisonment of 2 years and 6 months, and imprisonment of 6 months) is too unreasonable.

B. The above sentence imposed by the first instance court to Defendant B is too unhued and unreasonable.

2. The judgment of this court ex officio held that each appeal case against the judgment of the court below was consolidated and tried, and each of the offenses against the defendants in the judgment of the court below against the defendants is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing and the prosecutor's first instance judgment's assertion of unfair sentencing as to Defendant B, and the judgment of the court below (including the order for compensation and provisional execution part of the judgment of the court of first instance) is all reversed, and it is again decided as follows through pleading.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court and summary of the facts charged and evidence are identical to each corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act, except for the second instance judgment as follows.

In Part 4, part 18 of the judgment of the court of first instance, the defendant conspireds with "the defendant," and the following is added between 18, 14, and 15 of the judgment of the court of first instance. Each of the police records and seizure lists, 1, 20, 20, 20, 20, 20, 3, 3, 4, 4, 4, 18, 18, 4, 18, 4, 18, 18, 18, 15, 200.

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