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(영문) 대구지방법원 2015.08.28 2015노2303
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The Daegu District Prosecutors' Office, Daegu District Prosecutors' Office, which has been seized.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) declared by the lower court is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the judgment of the court of first instance and the judgment of the court of second instance, and the court of first instance decided to hold concurrent hearings of the above two appeals cases. Since the above facts constituting the crime of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to a single punishment at the same time, so the judgment of the court

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act applicable to the relevant criminal facts, Articles 342, 331 (2) and (1) of the Criminal Act (a point of attempted special larceny) of the Criminal Act;

2. Selection of imprisonment with prison labor for larceny of each judgment on selection of punishment;

3. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

4. The reason for sentencing under Article 48(1)1 of the Criminal Act for sentencing is that the defendant all of the charges of this case are recognized, all of the damaged items of the crime in the judgment of the court of first instance were recovered and returned temporarily to the victims, and the crime in the judgment of the court of second instance reaches five times the defendant was sentenced to punishment for the same larceny crime, and there are many other records of criminal punishment, and the defendant commits the crime of this case.

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