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(영문) 서울고등법원 2014.09.04 2014노1194 (1)
절도등
Text

All the decisions of the first instance court against the Defendants except compensation order shall be reversed.

Defendant

A.

Reasons

1. The decision of the first instance court on the defendants (the decision of the first instance court: the imprisonment of two years and six months, the imprisonment of the defendant B, four years and six months, the decision of the first instance court: the imprisonment of the defendant A, two years and the decision of the first instance court: the imprisonment of the defendant B, one year and six months) is too unreasonable.

2. Prior to the judgment on the Defendants’ assertion, the first instance court's judgment on the Defendants was ex officio, and the first instance court's judgment on Defendant A, and the first instance court's decision on Defendant B, after completing a separate examination on Defendant B, sentenced the Defendants to the punishment, and the Defendants filed an appeal on each of the first instance court's decisions, and the court of the first instance decided to jointly deliberate on the above appeal cases. Each of the offenses against the Defendants in the first instance court's concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act. Thus, all of the judgments of the first instance court cannot be reversed.

3. If so, the part of the first instance judgment against the Defendants except for the compensation order is reversed ex officio, without examining the Defendants’ assertion, the part except the compensation order among the first instance judgment against the Defendants pursuant to Article 364(2) of the Criminal Procedure Act is all reversed, and it is again decided as follows after the pleading.

Criminal facts

The summary of the evidence and the facts charged against the Defendants recognized by this court are identical to those stated in each corresponding column of the judgment of the first instance court in accordance with Article 369 of the Criminal Procedure Act, except for adding "The Defendant A was sentenced to one year of suspension of the execution of six months of punishment for larceny at the Busan District Court on February 22, 2013, and the above judgment became final and conclusive on March 5, 2013" to all the facts charged in the judgment of the first instance court.

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