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(영문) 수원지방법원 2019.03.27 2018노8132
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 6 months, and 1 year) that the court below rendered (e.g., imprisonment with prison labor for 1 year and 2 years) is too unreasonable.

2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation. Since each of the offenses of the judgment below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38 of the Criminal Act, the judgment of the court below is no longer maintained

Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are the same as stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Articles 331 (1) and 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 331 (1), and 330 of the Criminal Act, Articles 5-4 (5) 1 and 330 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1), 330, 342, 331 (1), and 330 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing of the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent crimes have the record of having been punished several times for the same crimes, and in particular, each of the crimes of this case has been committed since the defendant was sentenced to imprisonment for the same kind of crime and completed a prison term.

However, some damage has been returned, and the amount of damage has not been significant if each victim has followed.

This is the same.

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