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(영문) 제주지방법원 2014.03.27 2013노604
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (No. 1 year of imprisonment and No. 2 year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act, and all of the judgment below

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the Defendant’s argument is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 230 of the Criminal Act, Article 329 and Article 34 of the Criminal Act, the choice of punishment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant was released from parole after having been sentenced to a punishment for the same kind of crime and the parole period has expired on March 28, 2013; (b) the Defendant again commits the instant crime immediately after the parole period has passed; (c) the Defendant recognized all the instant crimes; (d) the Defendant reflects his mistake; (d) the amount obtained by deception to the victims is relatively large; and (e) the damage was recovered by fully repaying

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