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(영문) 대전지방법원 2018.12.19 2018노1215
야간건조물침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for one year, and imprisonment for six months) of the lower court’s punishment (unfair sentencing for one year, and imprisonment with prison labor for two months) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

As the judgment of the court of first instance and the judgment of the court of second instance are combined with each case of the judgment of the court of second instance, the crimes of resolution of the court of first instance against the defendant and the crimes of resolution of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.

In this case, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the first and the second judgment can no longer be maintained.

3. In conclusion, the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that there are grounds for reversal of the above authority. Thus, the judgment of the court below on the defendant's unfair argument of sentencing is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in each corresponding column of the judgment below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 330 of the Criminal Act, Article 319 of the Criminal Act (a thief by intrusion upon a structure at night), Article 319 of the Criminal Act (a stief by intrusion upon a structure), Article 319 of the Criminal Act (a stief by imprisonment), Article 319 of the Criminal Act (1) (a stief by negligence), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) (a) of the Criminal Act, Article 70 (1) 3 (a) of the Financial Business Act (a stief by imprisonment, a stief by a stolen credit card), Article 319 (2) of the Criminal Act, and Article 319 (2) (a) of the Criminal Act, which provide specialized credit services;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the preceding part of Article 38 of the Criminal Act shall apply to concurrent crimes).

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