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(영문) 수원지방법원 2016.04.01 2015노7347
야간건조물침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below (the first instance court: the imprisonment of eight months and the second instance court: the imprisonment of eight months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In regard to the judgment of the court below, the defendant filed an appeal and the court decided to jointly examine the above appeal cases.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and thus, one 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. Thus, the judgment of the court below cannot be maintained any more.

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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 330 (a) and 70 (1) 3 of the Act on Business of Financial Services Specializing in Credit (a use of stolen or debit cards, etc., and a choice of imprisonment, etc.) of the Criminal Act concerning criminal facts;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, including the fact that the accused committed each of the instant crimes during the suspension of execution due to the same kind of crime, shall be determined as ordered by taking into account the various circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime.

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