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(영문) 수원지방법원 2020.02.07 2019노3912
특수절도등
Text

Part of the judgment of the court below in the first and second instances (excluding the dismissal of prosecution from among the judgment of the court below of the second instance), and 3.

Reasons

1. The summary of the grounds for appeal (Article 1: 6 months of imprisonment: 10 months of imprisonment with prison labor; 3 months of imprisonment with prison labor; 8 months of imprisonment with prison labor; and 4 of the judgment of the court below: Provided, That in relation to the judgment of the court of final appeal, the defendant stated that in relation to the judgment of the court of final appeal, the defendant is an appeal to the effect of unfair sentencing on the date the deadline for submission of the grounds for final appeal

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to hold a joint hearing of each appeal against each judgment of the court below. Since each of the offenses against the defendant in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, among the judgment of the court of first and second instance, the part against the defendant (excluding the part concerning dismissal of prosecution among the judgment of the court of second instance), the part against the defendant among the judgment of the court of second and the judgment of the court of third,

3. The decision of the court below on the grounds of the above ex officio reversal is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part against the defendant (excluding the dismissal of prosecution among the judgment of the court below of second instance), the part against the defendant among the judgment of the court of first and second instance, and the part against the defendant among the judgment of the court of third instance, and the decision

[Judgment No. 1 and part of the judgment of the court below (excluding the dismissal of prosecution among the judgment of the court below No. 2)

) Since the part of the judgment of the court below against the defendant among the defendant's case of the court below and the summary of the criminal facts and evidence recognized by the court is the same as that of the judgment below of the court below of first to fourth, the summary of the criminal facts and evidence is the same as that of the judgment below of the court of first to fourth, it shall

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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