(영문) 대전지방법원 2015.04.29 2014노3255 | 리걸엔진

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(영문) 대전지방법원 2015.04.29 2014노3255

야간건조물침입절도등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The number of seized age kirts 4 p.m.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 6 months, and 2 months: imprisonment with prison labor for 4 months) of the lower court against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the judgment was rendered ex officio prior to the judgment on the grounds for appeal, and the judgment was rendered as to the defendant's appeal as to the Daejeon District Court 2014 High Court 2570, Highest 2014 Highest 3000, Highest 2014 Highest 3036, Highest 2014 Highest 3066 (Joint) and the Daejeon District Court 2014 Highest 4255, respectively, and as to the former, one year and six months of imprisonment, and as to the latter, four months of imprisonment. However, the defendant filed each appeal in the above judgment of the lower court, and the appellate court also decided to hold the appeal together.

The crime of each decision of the court below against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a prison term imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant shall not be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing on the grounds of ex officio reversal as seen above, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 347 (1) of each Criminal Act (Fraud point and choice of imprisonment) concerning facts constituting an offense;

1. The Criminal Act among concurrent crimes.

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