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(영문) 서울중앙지방법원 2013.12.11 2013노3131
절도등
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 crimes, which the first instance court found guilty, shall be sentenced to a single sentence within the scope of the term of punishment imposed on concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act; and (d) thus, the said judgment of the first instance court shall be reversed due to such later-ex officio circumstances.

3. According to the conclusion, since the judgment of the first instance court is based on the above grounds for reversal, all of the judgment of the first instance court ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments of unfair sentencing are reversed, and it is again decided 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. Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, even though the same criminal records have been several times, the Defendant repeatedly committed each of the instant crimes despite the occurrence of the same criminal records, and the victims' damage has not been recovered, although the Defendant did not have any criminal records over the suspension of execution or more, the Defendant did not have any criminal records over the suspension of execution or more, and was lower than the lower limit of the sentencing guidelines according to the principle of prohibition of disadvantageous change (the lower limit of the sentencing guidelines is one year since it belongs to the aggravated area among the Class 1 types of fraudulent crimes by using the means under Article 234, Article 231 of the Criminal Act).

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