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(영문) 서울동부지방법원 2015.09.10 2015노544
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The punishment sentenced by the court below to the summary of the grounds for appeal (the imprisonment of the court below 6 months and the imprisonment of the court below 2 months) is excessively unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the cases of the first and second judgment were consolidated in the trial court, and the crimes of each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be adjudicated simultaneously pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained any more.

3. As such, the judgment of the court below on the grounds of ex officio reversal, the decision on the Defendant’s assertion of unfair sentencing is omitted, and the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows

[Discied Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court of first and second instances, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of each imprisonment with prison labor for the remainder of the following: pertinent legal provisions on criminal facts, Article 329 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, Article 347(1) of the Criminal Act, Article 347(1) of the Specialized Credit Finance Business Act, Article 70(1)3 of the Specialized Credit Finance Business Act, Article 70(1)3 of the Specialized Credit Finance Business Act, and Article 70(1) of the aforesaid Act, Articles 239(1) of the Criminal Act, Article 239(2

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that when the defendant was in a trial, all of the crimes in this case is led to confession and in depth, the damage caused by the theft crime is insignificant, and the health condition is not good due to alcohol existence.

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