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(영문) 대전지방법원 2017.07.06 2016노3366
특수절도등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (in the first instance court: Imprisonment with prison labor for 6 months, and second instance court: imprisonment with prison labor for 6 months, and third instance court: imprisonment with prison labor for 6 months and 6 months) of each lower court is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the deletion of the part of criminal records in the facts charged by the original decision of the court of first instance, and therefore, it is identical to the corresponding column of the court below's judgment. Thus, it is citing it as is in accordance with Article 369

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act (the point of each special larceny), Article 347(1) of the Criminal Act (the point of fraud), Article 152 subparag. 1 and 43 of the Road Traffic Act (the point of unauthorized Driver’s License) of the Road Traffic Act, the choice of imprisonment with prison labor for the crimes of fraud, violation of the Road Traffic Act (the unauthorized Driver’s License)

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes prescribed by special larceny on August 3, 2016), which are the most severe punishment and punishment for concurrent crimes;

1. The Defendant committed the instant crime during the suspended execution period due to the same kind of crime, and the Defendant committed a number of criminal records of the same kind, which are disadvantageous circumstances, under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 (see, e., favorable circumstances among the reasons for sentencing).

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