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(영문) 광주지방법원 2020.08.11 2020노1128
특정범죄가중처벌등에관한법률위반(절도)
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment and a two-year imprisonment) of the lower court (a two-year imprisonment and a two-year imprisonment) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.

In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. Since the above reasons for the reversal of authority as above exist, 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 the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited 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, Articles 329 and 330 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, the proviso of Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act that aggravated concurrent crimes recognized all of the crimes of this case, and the fact that it seems that the defendant needs mental therapy, etc. is favorable, or there are several criminal offenses of the same kind including three criminal offenses against the defendant, which are identical to that of the past during the period of repeated crime not being executed for one month after the execution of sentence is terminated due to the same criminal record, and in particular, the damaged goods that the defendant possessed at the time of arrest were partially returned.

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