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(영문) 수원지방법원 2015.07.14 2015노1977
특수절도등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant and his defense counsel (the judgment of the court of first instance on the judgment of the court of first instance) are against the wrongness of the defendant, while serving as a public official, the defendant was unemployed while serving as a public official, and was suffering from economic difficulties while divorced from his wife in 2002, and the defendant expressed his will to live a new life while participating in the past life, the sentence of the judgment of the court of first instance which sentenced one year and eight months of imprisonment and four months of imprisonment is too unreasonable.

B. In light of the following: (a) the Defendant was subject to criminal punishment by the Seoul Eastern District Court on September 19, 200 on the charge of assault on the part of September 19, 200; and (b) the Defendant committed the instant crime during the period of repeated crime; (c) the Defendant committed the instant crime on February 10, 2014 without being prosecuted despite being prosecuted on February 27, 2014; and (d) again committed the instant crime of inflicting bodily injury on the victim Y on April 1, 2014, the sentence of the second lower court, which sentenced to a fine of KRW 5 million, is too uneasible.

2. Before determining the grounds of appeal for ex officio determination, the judgment of the court below is ex officio, and as each case of the court below is merged in the trial, each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence shall be imposed concurrently pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and special larceny as a judgment of the choice of punishment: each of the provisions of Article 331(2) and (1) of the Criminal Act;

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