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(영문) 창원지방법원 2018.08.23 2018노1564
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s sentence (6 months of imprisonment) is too unreasonable and unfair (the Defendant explicitly withdraws his argument of mental and physical weakness on the first trial date). B. The Prosecutor’s sentence of the lower court is too unfortunate and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to six months of imprisonment by the Changwon District Court on April 12, 2018, and the above judgment was finalized on June 12, 2018.

The crime of forging the above private document, etc., for which each crime and judgment of the court below against the defendant became final and conclusive, shall be sentenced to punishment for each crime in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act, since the crime of forging the above private document after Article 37 of the Criminal Act is in the relation of concurrent crimes.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] The criminal facts and summary of evidence of the defendant recognized by this court are the first head of "criminal facts" of the judgment below. The first head of "criminal facts" of the judgment below was sentenced to six months by the Changwon District Court on April 12, 2018, and the above judgment on June 12, 2018 became final and conclusive.

In addition, “1. Previous Records” in the column for “a summary of evidence” is as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Previous Records: each of the judgment [2016 High Court Decision 2016 High Court Decision 1953 High Court Decision, Changwon District Court Decision 2018No523 decided, and Supreme Court Decision 2018Do6594 decided]. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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