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(영문) 인천지방법원 2020.01.16 2019노3162
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the original judgment (the first instance judgment: imprisonment with prison labor for 1 year, and the second instance judgment: imprisonment with prison labor for 3 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the judgment below is reversed ex officio and it is again decided as follows through pleading.

In other words, the criminal facts and the summary of the evidence recognized by the court, as stated in the corresponding column of the judgment of the court below, are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act on the Punishment, etc. of Specific Crimes (the thief's thief's thief's thief's thief's thief's thief'

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was punished for the same kind of crime.

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