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(영문) 의정부지방법원 2018.03.29 2017노3525
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

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

Portable multiple-uses seized;

Reasons

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for one year, and imprisonment with prison labor for one year) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for ex officio appeal. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

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

【Grounds for the judgment to be used again] Criminal facts and summary of evidence acknowledged by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except that the portion of the first instance judgment’s actual disturbance [criminal records] to the end of May 31, 201 as “v. 13, 201.” as stated in Article 369 of the Criminal Procedure Act, and thus, the same shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 of the Criminal Act, Article 330 of the Criminal Act (the crime of larceny of a repeated crime at night), Article 36 of the Criminal Act, Article 36 of the Criminal Act, and Article 36 of the Criminal Act (the crime of larceny of a repeated crime)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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