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(영문) 부산지방법원 2020.04.17 2019노4010
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven months and by a fine of two thousand won.

The defendant above.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 4 months, fines for 2 million won, and imprisonment with prison labor for 3 months) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the sentencing of the defendant on the grounds of ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Article 360 (1) of the Criminal Act; Article 347 (1) of the Criminal Act; Article 347 (1) of the Criminal Act; Article 70 (1) 3 of the Specialized Credit Financial Business Act (a point of fraud) and Article 347-2 of the Criminal Act (a point of fraud by using computers, etc.);

1. Imprisonment with prison labor for each crime listed in the Decision 2019No465 and 5757 on the decision of choice of punishment, and selection of fines for each crime listed in the Decision 2019No2542;

1. Of concurrent crimes, with respect to each crime described in the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act (amended by Act No. 2019Da4665 or 5757 of the Criminal Act among concurrent crimes, imprisonment with prison labor with prison labor for a concurrent crime resulting from the use of computers, etc., the most severe punishment and the statements stated in the Decision No. 2019Da2542 of the Criminal Act.

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