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(영문) 수원지방법원 2014.03.20 2013노6432
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: ① on October 22, 2010, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Daejeon District Court on June 2, 201 and the above judgment was finalized on October 30, 201; ② on April 28, 201, the Defendant was sentenced to six months by imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Suwon District Court on

5.7. The above judgment was finalized, and (3) on April 17, 2013, the Suwon District Court has been sentenced to imprisonment with prison labor for larceny, etc., for the same year.

6. The above judgment becomes final and conclusive on 28. The crimes in this case and each of the crimes for which the above judgment became final and conclusive are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and all of the crimes in this case are related to concurrent crimes under Article 39(1) of the Criminal Act (hereinafter “instant penal provisions”), and the crimes for which each of the above judgments becomes final and conclusive at the same time, in consideration of equity and equity.

Nevertheless, the court below erred by failing to perform the duty of sentence for the instant crime in consideration of equity in cases where the court below simultaneously decides on the instant crime and the instant crime, and by taking account of equity in cases where the instant crime and the instant crime, which became final and conclusive (i.e., the instant crime and the instant crime, i., e., e., i., e., e., i., e., e., h., h. to iii), all of the facts constituting the crime. The court below should reverse the judgment of the court below, and considering equity in cases where each of the instant crimes and the instant crimes, which have become final and conclusive in accordance with the provisions of the Criminal Act, are judged simultaneously at the same time, the court below’

2. Only when a judgment can have been rendered concurrently with regard to the crimes subject to the latter part of Article 37 of the Criminal Act which have not yet been adjudicated and the crimes for which judgment has already become final and conclusive, punishment may be sentenced in consideration of equity with the concurrent judgment for the crimes subject to no judgment pursuant to the provisions of the Criminal Act of this case

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