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(영문) 수원지방법원 2020.11.27 2020노3059
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 6 months, and 2 months) of the lower court’s respective punishment (e.g., imprisonment with prison labor for 1 year and 6 months) is too unreasonable.

2. Each appeal case against the judgment below was consolidated in the court of ex officio reversal following the consolidation. Each of the above judgment below's offenses constitutes concurrent offenses under the former part of Article 37 of the Criminal Act and thus a single sentence should be imposed pursuant to Article 38 of the Criminal Act. As such, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order

Therefore, under Article 364(2) of the Criminal Procedure Act, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court below excluding compensation order shall be reversed, without examining the defendant's assertion of unfair sentencing, and the following decision

[The part of the judgment of the court of first instance excluding the compensation order and the reasoning of the judgment of the court of second instance excluding the compensation order] criminal facts and the summary of evidence acknowledged by the court of second instance are the same as that of the judgment of the court of second instance, and thus, the summary of facts and evidence is the same as the corresponding

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act, Article 239 (1) and (2) of the Criminal Act, Article 3 (1), the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 35 (1) of the Criminal Act, Article 355 (1) of the Criminal Act for the crime, Article 239 (1) and (2) of the same Act (the occupation of a person causing bodily injury by occupational negligence, a choice of a person without a license), Article 152 subparagraph 1,

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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