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(영문) 대구고등법원 2015.04.16 2014노652
강도상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for not less than three years and six months; and

3. One color tag of seized inspection;

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. Prior to the judgment on the assertion of unfair sentencing by the prosecutor ex officio, the public prosecutor applied for changes to the name of the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Habitual thief" and the applicable provisions of the Act to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 332 of the Criminal Act" respectively in the judgment of the court on the assertion of unfair sentencing.

However, this part of the facts charged and the remainder of the facts charged should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the entire judgment of the court below cannot be maintained any more.

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

【The grounds of the judgment after finding the facts constituting a crime and the summary of evidence recognized by the court below are as follows: (a) the facts constituting a crime and the summary of evidence acknowledged by the court below are as follows: (b) each of the “BF” in the 8th crime sight table No. 7 and the “BL” in the 14 date and place column as “FH”; (c) the “BL” in the 12th day and place column as “FI”; and (d) the “injury” in the 9th crime sight table No. 21 in the 9th crime method as “victims”; and (e) the “injury” in the 21st offense method as “victims” are written in each corresponding column pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) The point of injury by robbery: Article 337 of the Criminal Act;

(b) Injury resulting from special obstruction of performance of official duties: Articles 144(2) and (1), and 136(1) of the Criminal Act

C. Habitual larceny: Article 332 and Article 332 of the Criminal Act

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