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(영문) 광주지방법원 2017.04.19 2016노4319
야간주거침입절도등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance court: imprisonment with prison labor for one year, and second instance: imprisonment with prison labor for two months) against the Defendant (the lower court’s judgment) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor (as to the lower judgment No. 2 of the lower judgment) is too unfilled and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the first, second, and second cases were examined separately before the judgment on the grounds for appeal by the defendant and the prosecutor, and each of the defendant and the prosecutor filed an appeal by each of them, and the court decided to concurrently examine the above appeal cases. The first and second cases against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment for aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The summary of the evidence in the judgment of the court of first instance is as follows: “each statement made by the police in the police protocol of 1. V, W, X” in the column of [1. V] of the judgment of the court of first instance is as follows: “each statement made by the police protocol of 1. V, W, andO to AO”; and the first head of the judgment of the court of second instance in the judgment of the court of second instance is under trial after the defendant was sentenced to one year of imprisonment with prison labor on October 21, 2016 due to intrusion upon residence at night at the Gwangju District Court of Gwangju, and

“A summary of the evidence” is as stated in each corresponding column of the judgment of the court below, except for deletion of “1. Criminal history, etc., inquiry of the previous conviction of the disposition, reporting of the previous conviction of the disposition, personal identification, and investigation report of the separate detention.”

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