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(영문) 의정부지방법원 2015.02.05 2014노2795
절도등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment and a short-term one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the defendant was examined ex officio before the judgment on the grounds of appeal by the defendant, and the defendant was born on January 12, 1996 and sentenced to an irregular term of punishment pursuant to Article 60 (1) of the Juvenile Act because he fell under the juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the defendant reached the age of 19 years and has reached the age of 19. Thus, the judgment of the court below that sentenced the defendant to an irregular term of punishment can no longer

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(2) and (1) of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act [General Provisions (see, e.g., Supreme Court Decisions 2007Do2595, Aug. 23, 2007; 2007Do2595, Aug. 23, 2007); Article 347(1) of the Criminal Act; Article 70(1)3 of the Specialized Credit Finance Business Act (or choice of imprisonment with labor with labor with labor with labor with labor with respect to the use of stolen debit cards)

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order has been followed by the review of legality of detention, even though the defendant continued to receive juvenile protective disposition due to a crime similar to the same type of crime.

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