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(영문) 창원지방법원 2018.08.23 2018노548
절도
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Certificates of seizure No. 1, 2, 3, 5, 6.

Reasons

1. The summary of the reasons for appeal is too unreasonable that each sentence (one year in prison, one year in prison, and one year in prison) imposed by the court below on the defendant is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal under the above authority, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act (a point of intention, a choice of imprisonment), Article 331 (2) and Article 331 (1) of the Criminal Act (a point of special larceny) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment for Special Theft with the largest punishment) of the Criminal Act by aggravation of concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one year to 30 years; and

2. The scope of the recommended punishment according to the sentencing guidelines: Special larceny for 10 months to 3 months, and special larceny for 1 concurrent crimes for 2 months, respectively, and the scope of the recommended punishment for 2 concurrent crimes for 10 months and 2 years for 10 months to 2 years for 10 years for 10 years for 10 years for 10 years for 10 years for thie (2 years for thief for general property). The same type does not fall under the aggravated punishment for specific crimes.

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