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(영문) 서울중앙지방법원 2013.09.25 2013노1970
특수절도등
Text

All the decisions of the first instance court are reversed.

Punishment against the Defendants shall be determined by one year and four months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal: (a) ex officio decision on February 2, 199; and (b) this court decided to concurrently deliberate on each appeal case against the first instance court decisions; and (c) each of the above offenses, which the first instance court found guilty, shall be sentenced to a single sentence within the scope of a single sentence, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act in accordance with Article 38(1) of the Criminal Act, within the scope of a single sentence. As such, the first instance court decisions against the defendant shall be reversed due to such subsequent triggering circumstances

3. According to the conclusion, the judgment of the first instance court is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the Defendants’ respective arguments on unfair sentencing, and the following decisions are followed by oral arguments.

Since the criminal facts and the summary of the evidence recognized by the court are the same as those of the first instance court decisions, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and (1)1 of the Act on the Punishment of Violences, etc. (the defendant) of the Act on the Punishment of Criminal Crimes, Article 319(1) of the Criminal Act, Article 331(2) and Article 331(1) of the Criminal Act (the case of each of the special larceny). 1. Aggravation of concurrent Crimes (the case of each of the defendants) of the Criminal Act (the case of each of the special larceny)

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