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(영문) 부산지방법원 2016.08.11 2016노722
특수절도등
Text

All judgment of the court below shall be reversed.

Defendant

B Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

1. The defendants asserts that the defendants' grounds for appeal are too unreasonable because they are too unreasonable because they were sentenced to the punishment (two years of imprisonment and six months of imprisonment for defendant B, one year and six months of imprisonment for defendant C, and six months of imprisonment for defendant C) declared in each court below. The prosecutor asserts that the punishment against the defendant B (two years of imprisonment for defendant B) is too unfeased and unfair.

2. We examine ex officio the grounds for appeal by the Defendants and the prosecutor prior to the judgment.

The Defendants filed an appeal against each of the above rulings upon receiving the first and second judgments of the lower court. This court decided to hold a joint hearing of the above two appeals cases.

However, all of the offenses against the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is to be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below 1 and 2 cannot be maintained in this respect.

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

Criminal facts

The summary of facts and evidence recognized by this court is identical to the description of each corresponding part of the judgment below, except as otherwise modified, as stated in 15 August 15, 2015, Article 369 of the Criminal Procedure Act, i.e., the summary of facts and evidence committed on August 12, 2015, i.e., the 7th sentence of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

A. Defendant B: Articles 331(2), 331(1) (a) of the Criminal Act; Articles 342, 331(2), and 331(1) (a) of the Criminal Act; Article 347(1) (a) of the Criminal Act; Article 329 (a) of the Criminal Act; Article 329 of the Criminal Act; Article 319(1) of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 3(1) of the Criminal Act; Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

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