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(영문) 광주지방법원 2012.10.31 2012노740
절도미수등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment with prison labor for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Each punishment (the first judgment of the court below: imprisonment with prison labor for 2 years and 6 months, and imprisonment with prison labor for 3 years) that Defendant A sentenced to by the court below is unfair.

B. Defendant V’s imprisonment (one year and six months of imprisonment) sentenced by the lower court is too unreasonable.

2. Determination

A. First of all, the defendant filed an appeal against each of the judgment of the court below in this case and the pleading was combined at the trial. Since each of the judgment of the court of first and second instance in the judgment of the court below is in a concurrent relationship with the defendant A under the former part of Article 37 of the Criminal Act, since the part against the defendant A in the judgment of the court of first and second instances cannot be maintained any more, the part against the defendant in the judgment of the court of second and the judgment of the court below in the judgment of the court of second and the judgment of the court of second, the prosecutor applied for amendments to the amendment of the judgment of the court of first and that of the judgment of the court of second, the part against the defendant A in the judgment of the court of first and the judgment of the court of second and the judgment of the court of second are changed to the subject of the judgment. In this regard, the part against the defendant in the judgment of

Name of crime:

(a) Violation of the Aggravated Punishment Act;

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(c) Fraud;

(d) Violation of the Road Traffic Act (unclaimed measures after accidents);

(e) Violation of the Road Traffic Act (Unlicensed Application 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; Articles 331(2), 329, 342, 319(1) and 331-2 of the Criminal Act; Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 268 and 347(1) of the Criminal Act; Articles 148 and 54(1) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Criminal Act; Articles 40, 35, 37 and 38 of the Criminal Act; Defendant A shall be at the Gwangju District Court on September 10, 20

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