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(영문) 부산지방법원 2015.04.24 2014노4055
절도등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal that each sentence (No. 1: imprisonment with prison labor for 6 months, and imprisonment for 3 months) declared by the court below is too unreasonable.

2. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court of first instance cannot avoid reversal.

3. If so, the judgment of the court below is based on the grounds for ex officio reversal as seen above, without examining the defendant's assertion of unfair sentencing, all of the judgment below is reversed under Article 364 (2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by this court is as follows: (a) deleted 1 and 2 lines of "criminal facts" column 1 and 2 of the first and second original judgment; (b) takes the victim's surveillance line 2 and 7 lines of the second and second original judgment into "victim W"; and (c) "a summary of evidence" column 2 of the first and second original judgment is identical to the corresponding column of each original judgment, except for the deletion of the "written inquiry: criminal records, etc.; and (d) inquiries such as criminal records; and (e) investigation reports (Attachment to investigation records; attachment to investigation records); and (e) "a summary of evidence" column 2 of the second and second original judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. From among concurrent crimes, theft of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and larceny of August 31, 2014, with the largest number of concurrent crimes.

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