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(영문) 광주지방법원 2017.11.08 2016노4652
절도등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that each of the lower courts’ respective sentences (the first instance court: the fine of KRW 5 million; the fine of KRW 2: the fine of KRW 4 million) is too unied and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor, the judgment of the first and second judgment against the defendant was rendered, and the prosecutor filed an appeal against them, respectively. This court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, since the crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Act, Article 360(1) of the Act, Article 360 of the Criminal Act, Article 360 of the Criminal Act, Article 360 of the Act on Specialized Financial Business for Credit (Unlawful Use of Theft Card), the choice of fines for the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant agreed with the victims of larceny and the crime of embezzlement of possession of each of the instant vehicles.

However, this case.

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