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(영문) 인천지방법원 2014.08.28 2014노1162
절도
Text

Of the judgment of the second instance, the remainder of the compensation order and its provisional execution other than the compensation order and its provisional execution parts, and the first and third judgment are all.

Reasons

1. The summary of the grounds for appeal (the first judgment: 10 months of imprisonment and the second judgment: 2 months of imprisonment and the third judgment: 4 months of imprisonment) that the court below rendered against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance with the case of appeal against the judgment of the court of second instance, 2014No2334 and the case of appeal against the judgment of the court of second instance, which is the case of appeal against the judgment of the court of second instance, 2014No2457, which is the case of appeal against the judgment of the court of second instance. Each of the crimes recognized by the court of first and third instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be imposed within the scope of the term of punishment increased by concurrent crimes

3. Accordingly, the judgment of the court below is reversed, without examining the defendant's allegation of unfair sentencing, and the remaining parts of the judgment of the court of the second instance except the compensation order and its provisional execution part among the judgment of the court of the court of the first and the third judgment under Article 364 (2) of the Criminal Procedure Act are all reversed, and the judgment of the court below is

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are favorable to the defendant, and continuously committed each of the crimes of this case even though the defendant had been punished for the same kind of crime, such as the fact that the defendant has recognized his mistake, etc., and each of the crimes of this case.

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