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(영문) 의정부지방법원 2013.09.04 2013노1334
특수절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence (No. 1: imprisonment with prison labor for 6 months, and 2 months: imprisonment with prison labor for 6 months) declared by the court below on the summary of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court held that the above appeal cases were consolidated and tried. The offenses against the defendant in the judgment of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, each of the above judgment of the court below can no longer be maintained.

3. In conclusion, the above judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court against the defendant are deleted from each part of the previous convictions stated in the first head of each original judgment, and except for the addition of "the defendant was sentenced to imprisonment of one year and two months at the District Court on May 18, 2010, which became final and conclusive on May 19, 2010 and conclusive on November 30, 2010 during the execution of the sentence and was paroled on December 29, 2010 and passed on December 29, 2010," therefore, it is identical to each corresponding column of each original judgment."

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) concerning criminal facts, and Articles 342, 331(2) and (1) (the occupation of attempted special larceny) of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. The defendant among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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