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(영문) 인천지방법원 2015.05.15 2015노73
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below on November 13, 2013, prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and 2 years of suspended execution on November 21, 2013 from the Incheon District Court Branch Branch of Incheon District Court, which became final and conclusive on November 21, 2013. Since the crime in the judgment of the court below is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of larceny, etc. for which the judgment of the court below became final and conclusive, the punishment shall be determined after examining whether to reduce or exempt punishment by taking into account equity and the case where the judgment of the court below is to be rendered simultaneously pursuant to Article 39(1)

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. on November 13, 2013 and 2 years of suspended execution on November 21, 2013 from the Busan District Court Branch Branch of the Incheon District Court, and the above judgment became final and conclusive on November 21, 2013" in the summary of the evidence; and "1. Pursuant to the summary of the evidence: as a result of case search, it is the same as the corresponding part of the judgment of the court below, except for addition of "the judgment (Seoul District Court Branch Branch of the Incheon District Court Decision 2013Da28666)" as a result

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines for the crime;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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