logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.05.15 2014노875
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

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

Daegu District Prosecutors' Office Kimcheon-si.

Reasons

1. In light of the gist of the grounds for appeal (each of the judgment of the court below) that the defendant is against the defendant, the punishment (each of the judgment of the court of first instance: imprisonment with prison labor for 10 months and confiscation, and the second judgment: imprisonment with prison labor for 8 months and confiscation) declared by the court of first instance is too unreasonable

2. As the Defendant filed an appeal against the judgment of the court below in entirety, each appeal case was consolidated and tried in the court.

In the first instance court, the prosecutor stated in the first instance court that the indictment was submitted first, not to add and supplement the omission in the indictment in the second instance judgment, but to prosecute the criminal facts separate from the criminal facts in the second instance judgment.

Thus, as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Punishment of the crime

1. At night, at around 23:50 on January 19, 2013, the Defendant: (a) opened an entrance at the second floor analysis room of the (Gu) Dental Hospital in the process of closure managed by the victim C in Gu, Si, Si, sisi; and (b) installed inside the analysis room and raid it into a criminal act prepared in advance for the reinforcement of the steel frame, the market price of which is equivalent to KRW 8,000,000, which is installed in the office equipment, such as the collection site of the steel-frames in the analysis room; and (c) stolen the building by breaking it into a new one.

2. On February 14, 2013, around 12:00 on February 14, 2013, the Defendant entering a structure, and thus, at the company house operated by the victim F in Gumi-si, Gumi, and thus, steals the property is corrected.

arrow