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(영문) 부산지방법원 2012.09.21 2012노2043
건조물침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was sentenced to ten months of imprisonment on March 21, 2012 as a crime of violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court's Jinju branch on March 21, 2012, and the judgment became final and conclusive on July 31, 2012. As such, in the concurrent relation between the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of violation of the Act prior to the final and conclusive judgment, each crime of violation of the Act on the Control of Narcotics, etc. and the crime of violation of the Act prior to the final and conclusive judgment, the sentence shall be determined in consideration of equity and the concurrent judgment of each of the above crimes

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the grounds for appeal by the defendant, on the grounds of ex officio reversal.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court is as stated in each corresponding column of the judgment of the court below in addition to adding "the defendant was sentenced ten months to imprisonment on March 21, 2012 for the violation of the Act on the Control of Narcotics, etc. (fence) at the Jinwon District Court's Jinwon Branch's Branch of Jinwon District Court on March 21, 2012 and the judgment became final and conclusive on July 31, 2012" to the first head of the facts charged in the judgment of the court below.

Application of Statutes

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the occupation of intrusion on a structure at the time of sale, the choice of a fine), and Article 329 of the Criminal Act (the occupation of larceny at the time of sale, and the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the penalty heavier than that provided for in the judgment of larceny) shall be added to concurrent crimes.

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