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(영문) 대전지방법원 2018.02.01 2017노2792
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The punishment sentenced to the first and second depths of the grounds for appeal (two years in prisons of the first and second depths) is too unreasonable.

2. Ex officio determination, the defendant appealed against the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to consolidate the above two appeals cases. Each of the crimes in the judgment of the court of first and second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as they are.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the first and second judgments. As such, the summary of facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act (in cases of intrusion upon residence, choice of imprisonment), Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 31 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 31 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 31 of the Criminal Act, Article 5-4 (1)

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