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(영문) 대구고등법원 2014.08.28 2014노263
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. Ex officio determination "any crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and any crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39 (1) of the Criminal Act has not been adjudicated concurrently

However, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, in cases where a crime for which no judgment has yet to be rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, the punishment shall not be imposed concurrently in consideration of equity and equity, or the punishment shall not be mitigated or exempted.

(2) According to the evidence duly adopted and examined by the lower court and the lower court, the Defendant was sentenced to imprisonment for eight months on August 20, 2012 or two years on August 28, 2012, and the judgment becomes final and conclusive on August 28, 2012, and one year on May 2, 2013, and three years on May 10, 201, and the lower court was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) and three years on May 10, 2013, and (c) imprisonment for a violation of the Punishment of Violences, etc. Act (a joint injury by violence, etc. at the Gwangju District Court on May 29, 2013) and the list of evidence and the list of facts, which became final and conclusive on March 1, 2013, and two years prior to the final and conclusive on May 29, 2013.

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