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(영문) 춘천지방법원 강릉지원 2016.05.12 2016노16
야간건조물침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and four months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) each of the lower court’s punishment (in the first instance court: 3 years and the second instance court: 4 months) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

This Court held that each appeal case against the judgment below was consolidated and reviewed.

However, since each of the concurrent crimes stated in the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one of the concurrent crimes should be punished within the scope of a single sentence under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. The conclusion of the judgment below is that there are grounds for reversal of the above authority, and it is all reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 342, 330 (a thief by intrusion upon a structure at night) of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (a thief by intrusion upon a structure at night), and Article 319 (2) of the Criminal Act (a stief by intrusion upon a structure at night, a stief by imprisonment, and a choice by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Criminal Act (the punishment and punishment shall be aggravated by concurrent crimes against the victim Q Q, which are the most severe crime) is the confessions of and reflects against the defendant, and the remaining victims except the victim Q and D do not want the punishment of the defendant.

On the other hand, even though the defendant was a majority of criminal records of the same kind, the period of repeated crime is.

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