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(영문) 의정부지방법원 2020.09.10 2019노2183
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

one (No. 1) of the U.S.C., seized O.S.C.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) of the lower court is too heavy or it is deemed unreasonable;

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

On September 18, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the District Court of Jung-gu on September 18, 2019, and the said judgment became final and conclusive on September 26, 2019. The Defendant’s each crime of the lower judgment and the said special larceny, etc., for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for each crime of the lower judgment taking into account equity with the case where the judgment

Accordingly, the prosecutor added "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to "the latter part of Article 37 and Article 39 (1) of the Criminal Act among the applicable provisions of the indictment in the case of this case in the trial of the political party, and "the defendant was sentenced to two years of suspension of execution on September 18, 2019 due to special larceny, etc. and the above judgment became final and conclusive on September 26, 2019" in the charges, and the above court permitted this, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows, without examining the grounds for ex officio reversal as above.

[C] The summary of criminal facts and evidence admitted by this Court is the first head of the "criminal facts", and the "criminal facts" was sentenced to two years of suspension of execution on September 26, 2019 by the Central District Court of Jung-gu on September 18, 2019 and the above judgment became final and conclusive on September 26, 2019.A summary of "B" and "a summary of evidence" as stated in the judgment of the court below on September 1, 201, except for addition of "the summary of the case summary inquiry and the judgment" as stated in the corresponding column of the Criminal Procedure Act.

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