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(영문) 창원지방법원 2016.05.11 2015노2896
특수절도미수등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s decision on the original adjudication (no. 10 months of imprisonment) and the punishment of the second adjudication (no. 4 months of imprisonment) are too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first instance and the judgment of the second instance against the defendant are sentenced respectively, and all the defendants have filed an appeal against the judgment of the first instance against the defendant, and this court has decided to hold concurrent hearings against the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed in accordance with Article 38(1) of the Criminal Act. As such, the judgment of the first and second judgment cannot be maintained in entirety.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all of the judgment on the unfair argument of sentencing by the defendant and the prosecutor, and the following is again decided after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Articles 342 and 331 (2) of the Criminal Act (the attempted larceny), Articles 319 (1) and 30 of the Criminal Act (the point of intrusion upon a building by public offering), Article 319 (1) of the Criminal Act (the point of intrusion upon a building) (the point of intrusion upon a building), Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 330 of the Criminal Act (the point of attempted larceny), Articles 342 and 330 of the Criminal Act (the point of attempted larceny at night) concerning the crime;

1. Selection of each sentence of imprisonment with prison labor (with prison labor for the crime of larceny, intrusion upon each structure, and attempted crime of larceny);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes recognize and reflect in depth the criminal facts of this case.

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