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(영문) 부산지방법원 2013.08.08 2013노1629
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (two years of imprisonment with prison labor for a maximum term, one year and six months for a short term) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant's ex officio, the defendant was examined ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and since the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below with AR and it is apparent that he had reached the age of majority in the trial, the judgment of the court below which sentenced the defendant

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Article 331 (1) of the Criminal Act, Article 331 (1) of the Criminal Act, Articles 331 (1), 342 of the Criminal Act, Article 330 of the Criminal Act, Articles 330 and 342 of the Criminal Act, Articles 330 of the Criminal Act, Articles 330 and 342 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 70 (1) 3 of the Specialized Credit Finance Business Act (or choice of imprisonment, use of credit card theft, and choice of imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was a repeated crime period under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes. Meanwhile, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime are considered as a whole.

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