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(영문) 서울북부지방법원 2017.04.28 2016노2735
절도
Text

All of the judgment of the court below except for a compensation order shall be reversed.

The defendant shall be punished by imprisonment with prison labor for not less than one year and four months.

Reasons

1. The sentence imposed by the lower court on each of the gists of the grounds for appeal is too unreasonable.

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

Since 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, a single sentence shall be determined within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

In this respect, all parts of the judgment of the court below except compensation order can no longer be maintained.

3. According to the conclusion, the judgment of the court below is reversed, and the part of the judgment below excluding the compensation order among the judgment below ex officio pursuant to Article 364(2) of the Criminal Procedure Act is reversed without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of applicable sentences under Acts: one month to one year; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime [the scope of recommendations] thieve crime for general property, which does not fall under the aggravated area (10 months to 2 years) (special aggravated) of the aggravated area (10 months to 3 years) for the larceny of general property;

B. Class 2 Crimes / [Scope of Recommendation] thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(c) Class 3 (Scope of Recommendation) thief for general property.

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