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(영문) 광주고등법원 (전주) 2017.01.17 2016재노12
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

one (No. 30) per omission (No. 30) shall be confiscated.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a period of four years and six months, etc.) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, Article 323(1) of the Criminal Procedure Act provides that “When a sentence is imposed, the judgment shall clearly state the facts constituting an offense, the summary of evidence, and the application of statutes.”

Article 310 of the Criminal Procedure Act provides that "When the confession of a defendant is the only evidence against him/her, it shall not be admitted as evidence of guilt."

“Inasmuch as the judgment of conviction provides that the necessary and sufficient reasons shall be specified in the judgment of conviction, and even in the case of confession of the defendant, the conviction shall be found only when there is evidence of reinforcement, and the summary of the evidence shall also include the confession of the defendant as well as the evidence of reinforcement.

The court below found the defendant guilty of each of the crimes in the crimes in the attached Table 2, 26, 28, 34 No. 1-A of the judgment of the court below based only the confession of the defendant as evidence of guilt without any supporting evidence. Such judgment of the court below is not only in violation of Article 310 of the Criminal Procedure Act, but also is not accompanied by the reasons for the judgment.

The lower court deemed paragraphs 1-A and 2-B of the holding as a single comprehensive crime, and held that the remaining crime of fraud and the crime of violation of the Act on Finance Specializing in Credit is a concurrent crime under the former part of Article 37 of the Criminal Act.

Since a single sentence was rendered, the judgment of the court below should be reversed in its entirety (Provided, That the prosecutor submitted a written statement of CO, CP, CQ, and CR to the first instance trial for additional evidence and completed the examination of evidence lawfully). In addition, in the first instance trial, the prosecutor’s "Act on the Aggravated Punishment, etc. of Specific Crimes" (hereinafter "Act on the Aggravated Punishment, etc. of Specific Crimes") in the applicable law in the first instance is called "Special Act".

Article 5-4 (6) and (1) "Article 5-4 (6) and (1)" are "Article 332 of the Criminal Act", and the name of the crime "specific violation of the law (thief)".

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