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(영문) 서울남부지방법원 2019.06.21 2019노706
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment with prison labor, ten months of short term) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Ex officio determination of the lower judgment was rendered by the Defendant on the ground that he was a juvenile under Article 2 of the Juvenile Act at the time that the lower court was declared as having been sentenced to an irregular term of punishment pursuant to Article 60(1) of the same Act, but it is apparent that the lower court’s judgment was no longer applicable to a juvenile under the age of 19, and therefore, it cannot be maintained any longer.

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

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding part of the Criminal Procedure Act, except for deletion of Defendant B’s statement in the third trial record and Defendant B’s partial statement in the first trial record, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts in relation to the relevant criminal facts, Articles 331(2) and (1) of the Criminal Act, Articles 331(2) and (1), 342 of the Criminal Act, Article 324(1) of the Criminal Act, Articles 329 and 31(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 347-2 of the Criminal Act

1. The crime of coercioning the choice of punishment under Articles 40 and 50 of the Criminal Act, the crime of larceny, the crime of forging a private document, and the crime of uttering of a private document, and the crime of uttering of a private document.

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