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(영문) 서울고등법원 (춘천) 2014.05.14 2013노72 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the summary of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, prior to the judgment on the grounds of appeal by the defendant, the Minister of Health and Welfare of the Chuncheon District Court and the Incheon District Court rendered a separate judgment after the completion of the separate examination on the defendant's two accused cases. The defendant filed an appeal against all the judgment below, and the court decided to hold concurrent hearings. The above two courts rendered a single sentence for each of the above accused's crimes, which the court found guilty, in accordance with Article 38 (1) of the Criminal Act, so the judgment of the court below cannot

3. If so, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the Defendant’s assertion of unfair sentencing.

The criminal facts of the defendant and the summary of the evidence recognized by the Korean court are identical to the criminal facts of the defendant and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act, Article 362(1) of the Criminal Act, Article 362(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, which provides applicable legal provisions for the crime, and Article 331(2) and (1) (a) of the Criminal Act

1. Article 35 of the Criminal Act for Aggravation of Cumulative Offense (Special Theft and Acquisition of Stolen Articles)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment prescribed by special larceny against Victim G with the largest punishment) of the Criminal Act that aggravated concurrent crimes committed a crime of special larceny, etc. during the period of repeated crimes, despite multiple criminal records, the Defendant committed a crime of special larceny, etc.

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