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(영문) 대전지방법원 2019.03.21 2019노86
절도등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The main points of the grounds for appeal are as follows: The punishment of the lower court (one year and six months of imprisonment, and two months of imprisonment) is too unreasonable.

2. The defendant filed each appeal against the judgment of the court below and decided to concurrently examine each appeal case. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, 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 it is again decided as follows after hearing.

[Discied reasoning] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 331-2 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 15 (2) and 6-2 of the Reserve Forces Act, Article 347 (1) of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor for the remaining crimes except for option of punishment, night buildings, intrusion and theft;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be the most serious crime;

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