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(영문) 인천지방법원 2018.06.01 2018노134
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 six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The punishment sentenced by the lower court (in the first instance court: imprisonment of 2 years and 6 months and 2 years: imprisonment of 1 year) is too unreasonable.

2. The judgment of this court rendered ex officio decisions by combining each appeal cases against the judgment of the court below.

Each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

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 the judgment below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each of the relevant columns 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 70(1)3 (a) of the Act on Special Cases concerning Credit Specialized Financial Business, Article 347(1) (a), Article 347(1) (a) of the Criminal Act, Article 319(1) (a) of the Criminal Act, Article 319(1) (a) of the Criminal Act (a point of fraud, choice of punishment) concerning the crime, and the choice of punishment for each specific crime;

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

1. The scope of applicable sentencing under the Act on the Grounds for Sentencing Articles 37 (former part), 38 (1) 2, 50, and the proviso to Article 42 of the Criminal Act for the aggravated punishment of concurrent crimes: The application of the sentencing guidelines between two years and fifty years;

1. Basic crimes and concurrent crimes in Articles 1 and 2: Crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the holding [the scope of recommendations] No. 1 category (joint and repeated crimes) under the Specific Crimes Aggravated Punishment Act exists in the basic area (one year and six months to three years) (a person who is subject to special sentencing).

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