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(영문) 창원지방법원 2014.08.13 2014노316
절도등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment for a year and a fine of 2,00,000 won.

3. The defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 4 months, imprisonment with prison labor for 1 year and fine for 2 million won) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case of the first and second judgment against the defendant was consolidated. Each of the offenses of the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 355 (1) of the Criminal Act, Article 70 (1) 4 of the Specialized Credit Financial Business Act, Article 347-2 of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 231 of the choice of punishment, Article 234, Article 231 of the Criminal Act, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc., Article 30 of the Criminal Act, Article 30 (1) 4 of the Specialized Credit Financial Business Act, Article 70 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc.

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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