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(영문) 서울중앙지방법원 2013.09.06 2013노1472
야간주거침입절도미수등
Text

All the decisions of the first instance court are reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

1. The summary of the grounds for appeal: (a) ex officio decision on February 2, 199; and (b) this court decided to concurrently deliberate on each appeal case against the first instance court decisions; and (c) each of the above offenses, which the first instance court found guilty, shall be sentenced to a single sentence within the scope of a single sentence, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act in accordance with Article 38(1) of the Criminal Act, within the scope of a single sentence. As such, the first instance court decisions against the defendant shall be reversed due to such subsequent triggering circumstances

3. According to the conclusion, the judgment of the first instance court is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of unfair sentencing, and it is again decided following the oral argument as follows.

Since the criminal facts and the summary of the evidence recognized by the court are the same as those of the first instance court decisions, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws on criminal facts and the choice of punishment (the choice of imprisonment with prison labor): Articles 319(1) and 329(1) of the Criminal Act (the occupation of larceny), 342, and 330 (the attempted larceny at night). 1. Statutory mitigation Articles 26 and 55(1)3 (the attempted attempted larceny at night) of the Criminal Act; 1. The former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act aggravated concurrent crimes; 38(1)2 and 50 of the same Act; 8-2 months (the sentencing guidelines are not applied to attempted crimes; thus, the sentencing guidelines are not applied); 329, 342, and 330 of the Criminal Act; 1. From 8 months to 6 months (the occupation of larceny at night); 2013 to 377(1) of the Criminal Act; 2013-13-137 months to ; 2013-4 months to -137.

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