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(영문) 수원지방법원 2015.04.24 2015노361
특수절도등
Text

We reverse the judgment of the court below.

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

Seized evidence 7 or 8 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for a maximum of one year and six months, a short of one year and six months, and the second judgment: imprisonment with prison labor for a term of six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court rendered a sentence of imprisonment with prison labor after the court of the original instance rendered a separate trial against the defendant, and the defendant filed an appeal against each of the above two appeals cases, and the court of the first instance decided to hold concurrent trials. Each of the offenses against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant shall be reversed.

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

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (1) of the Criminal Act (a point of special larceny), Articles 342 and 331 (1) of the Criminal Act (a point of attempted special larceny) concerning the facts constituting an offense, Article 330 of the Criminal Act (a point of attempted special larceny), Articles 342 and 330 of the Criminal Act, and Articles 342 and 330 of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture are favorable circumstances, such as the fact that the defendant has led to the entire confession and reflect of the crime, and that the defendant has reached the age of majority.

However, the defendant.

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