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(영문) 서울중앙지방법원 2015.05.29 2015노595
절도등
Text

All judgment of the first instance is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the judgment of the court of first instance, the Defendant did not commit the theft as prescribed in Article 1(b) and (2) of the 2014 Highest 5915 charges. 2) The sentencing of each of the first instance courts on the Defendant of unfair sentencing (Article 1:8 months of imprisonment: 2 months of imprisonment: 2 months of imprisonment) is too unreasonable.

B. The sentencing (two months of imprisonment) of the judgment of the court of the second instance against the Defendant by the prosecutor is too uncomfortable and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, each appeal case against the defendant against the above judgment of the court of first instance was joined in the court of first instance, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence is imposed on them. Thus, the judgment of the court of first instance cannot be maintained any more.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.

3. In full view of the evidence duly admitted and examined by the first instance court on the Defendant’s assertion of mistake of facts, the fact that the Defendant stolen the victim P’s wallet and attempted to steals Qu’s cosmetics and drugs, as stated in Article 1-2(2) of the judgment of the lower court, can be sufficiently recognized.

Therefore, the defendant's assertion of mistake is without merit.

4. Thus, the defendant's assertion of mistake of facts is without merit, but the judgment of the court of first instance is without merit, and the defendant and the prosecutor's argument of unfair sentencing is reversed ex officio under 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 as follows, and the summary of the evidence is as follows.

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