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(영문) 광주지방법원 2017.09.20 2017노1632
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower judgment is too inappropriate.

B. The sentencing of the second decision of the Prosecutor’s 2nd decision is too uncomfortable.

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

The first and second original courts rendered a judgment against the defendant as to each of the following offenses, after completing separate hearings in accordance with the order of 5471, 5845, 2016, 2016, 5505, 2017, 1749, 1829, and 1829 (Joint). The defendant filed an appeal against the judgment below as to the second instance court, and the court decided to jointly deliberate on the above appeal case. Since each of the offenses committed by the judgment below which sentenced the defendant to imprisonment with prison labor is concurrent crimes under the former part of Article 37 of the Criminal Act, the two offenses committed by the court below should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act, all of the judgment of the court below cannot be exempted.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 330 of the Criminal Act (a thief by intrusion on a night structure), Articles 342 and 329 of the Criminal Act, and Article 329 of the Criminal Act, and selection of imprisonment for the crime of larceny and attempted larceny

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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