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(영문) 광주지방법원 2017.05.31 2016노5153
특수절도등
Text

All judgment of the court below shall be reversed.

Defendant

H Imprisonment with prison labor for a maximum of 3 years and 2 years and 300,000 won;

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the Defendants 1 and 2 to Defendant H and I (Defendant H: the first sentence of imprisonment with prison labor for a maximum of two years; the second sentence of imprisonment for a short of one year and eight months; the second sentence of a fine of KRW 300,000; the second sentence of imprisonment for a maximum of one year and ten months; the first sentence of imprisonment for a maximum of one year and eight months; the second sentence of imprisonment for a maximum of eight years; the second sentence of KRW 1; the second sentence of imprisonment for a maximum of eight months; the second sentence of imprisonment for a maximum of eight months); and the third sentence of KRW 3 is too unreasonable.

B. Each sentence sentenced by the first instance court to the Defendants (as above, Defendant A: the same applies to the foregoing; Defendant A; Defendant A’s imprisonment with prison labor for eight months, suspended execution for two years, and observation of protection) is deemed to be too uneasy and unfair.

2. Determination ex officio by Defendant H and I: (a) the lower judgment for Defendant H and II; and (b) Defendant H and I rendered each of the lower judgment for Defendant H and 1 and 2; and (c) Defendant H and 3 rendered each of the lower judgment for Defendant A with respect to the third lower judgment; (b) the prosecutor filed each appeal against the said Defendants against the first instance judgment; and (c) this court rendered a decision to jointly deliberate on the instant appeal case; (d) each of the lower judgment for Defendants 1, 2, and 3, with respect to the concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act, and thus, the lower judgment for Defendants 1, 2, and 3 cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “Any person who commits a crime and the summary of the evidence are deleted without obtaining a driver’s license” to the fifth day of the sixthth day of the judgment of the court of first instance; and “any statement in the protocol of the suspect interrogation of the Defendant (No. 55197) against the Defendant,” to the tenth day of the fourth day.

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