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(영문) 전주지방법원 2015.02.06 2014노1089
특수절도등
Text

The part of the judgment of the court below against the Defendants and the second judgment shall be reversed in its entirety.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. The summary of the grounds for appeal against the Defendants is too unreasonable that the original sentence [Defendant A: Imprisonment with prison labor for a short term of one year and six months, a long term of two years (the first instance judgment); imprisonment for a short term of six months; a long term of one year (the second instance judgment); and Defendant B: imprisonment for a short term of six months; a long term of ten months (the first instance judgment); a short term of four months; and a long term of eight months (the second instance judgment) is too unreasonable.

2. The judgment of the court below, 1, and 2 ex officio, after completing separate hearings against the Defendants, sentenced each of the above judgment below, and all of the defendants filed an appeal against them, and the court of the court below decided to hold concurrent hearings. Each of the crimes in the first and second judgment against the Defendants is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the part against the Defendants in the judgment of the court of first and the second judgment cannot avoid reversal.

In addition, with respect to the facts charged in the previous Jeju District Court case on January 12, 2015, the prosecutor changed the name of the crime against the defendant A into "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 331 of the Criminal Act" in the first instance trial of the same case, "this defendants invadedd the victims' residence four times and stolen the victims' property in combination" in the second instance of the second instance of the facts charged. The defendants invadedd the victims' residence four times, and the defendants habitually stolen the victims' property."

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