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(영문) 의정부지방법원 2014.11.13 2014노1458
야간건조물침입절도등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The head of a post office (No. 1), seized, shall be the one.

Reasons

1. The punishment (the first instance court: the imprisonment of 1 year and 6 months, and the second instance: the imprisonment of 4 months) of the lower judgment against the accused in the summary of the grounds for appeal is too unreasonable; and

2. Examining ex officio prior to the judgment on the grounds for appeal ex officio, the Defendant appealed against the above judgment below and filed an appeal, and this court decided to hold concurrent hearings. Each of the offenses in the judgment below against the Defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act.

In this respect, the above judgment of the court below against the defendant can no longer be maintained.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the lower judgment ex officio pursuant to Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions for criminal facts: Article 330 of the Criminal Act; Article 347 (1) of the Criminal Act; Article 231 of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 230 of the Criminal Act; Article 232-2 of the Criminal Act; Articles 234 and 232-2 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the remaining crimes except for option of punishment, night buildings, intrusion and theft;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reason of sentencing of Article 48(1) of the Criminal Act, the crime of this case was committed by intrusion upon the structure at night, thereby cutting down the object.

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