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(영문) 수원지방법원 2013.05.09 2013노192
절도등
Text

All judgment of the court below shall be reversed.

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

seizure.

Reasons

【Judgment on Grounds for Appeal】

1. The gist of the grounds for appeal by the defendant is that the punishment of each court below against the defendant (the maximum of 8 months of imprisonment and the short of 6 months) is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the first instance court's punishment is too uneasible and unfair.

2. Prior to the determination of the above assertion by the Defendant and the Prosecutor, the facts constituting the crime in the case of 2013No192 and the facts constituting the concurrent crimes in the case of 2013No1560 in the trial are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the above facts constituting the crime should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is decided after oral argument.

[Grounds for the decision of the court] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act as to the facts of crime and Article 360(1) of the Criminal Act, each of the choice of the penalty, Article 329 of the Criminal Act, Article 342 and Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 230 of the Criminal Act, Article 230 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, each of the selection of the penalty

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

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The fact that the defendant is a juvenile and has no record of criminal punishment, etc., for the reason of sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim.

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