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(영문) 인천지방법원 2019.09.27 2019노2192
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, and one hundred thousand won of fine) is too unreasonable.

B. Prosecutor 1) Meritorious of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”)

(2) Article 5-4(5) of the Act on the Aggravated Punishment, Etc. of Specific Crimes provides that a person shall be punished by imprisonment with labor for 6 months and 100,000 won and fine for 100,000 won and 100,000 won and 100,000 won and 20,000 won and 20,000 won and 20,000 won and 20,000 won and 200,000 won and 20,000 won and 20,000 won and 20

2. Judgment on the misapprehension of the legal principle of prosecutor

A. The judgment of the court below is based on the following facts: (a) in Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Act of this case”), “a crime is punished as a repeated crime for committing these crimes”; (b) although there is no need to be the same crime; (c) Article 5-4(2) of the Act on Aggravated Punishment, etc. of Specific Crimes separates “crimes listed in Articles 329 through 331 of the Criminal Act”, the court below held that the former crime and the following crimes are not all crimes listed in Article 5-4(5) of the Act on Aggravated Punishment, etc. of Specific Crimes; and (d) in light of the fact that Article 5-4(2) of the Act on Aggravated Punishment, etc. of Specific Crimes separates “crimes listed in Articles 329 through 331 of the Criminal Act”, the former crime and the latter crimes require more than three times to be punished for the same type of larceny, and thus, the latter crime has not yet been executed or exempted from execution.

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