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(영문) 수원지방법원 2019.09.05 2019노1637
절도등
Text

The judgment of the court of first instance, except for the part applied for compensation order, shall be reversed in entirety.

Reasons

1. The gist of the grounds for appeal is that the punishment of each judgment of the court below (the punishment of imprisonment with prison labor for a maximum of one year and six months, the short of one year, and the second instance court: imprisonment with prison labor for a period of six months and the suspended execution for two years) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

This Court decided to combine each appeal case against the judgment below with each other, and the judgment of the court below should be sentenced to a single sentence within the scope of a single sentence under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part of the judgment of the court of first instance excluding the part of the application for compensation order among the parts of the judgment below excluding the part of the application for compensation order

3. As such, since the remaining part of the judgment of the court of first instance excluding the part on the application for compensation order and the judgment of the court of second instance excluding the above part on the application for compensation order, the judgment of the court below excluding the part on the application for compensation order among the judgment of the court of first instance excluding the part on the application for compensation order among the judgment of the court of first instance

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instances, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Articles 352 and 347 (1) of the Criminal Act, Article 331 (2) and (1) of the Criminal Act, Article 331 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, each of the following provisions concerning criminal facts, the applicable law, the choice of punishment, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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