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(영문) 부산지방법원 2020.05.14 2019노4328
절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

A fine shall not be paid by the defendant.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., penalty 1: fine 700,000 won, and fine 50,000 won) is unreasonable.

2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below contains reasons for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The punishment shall be determined by comprehensively taking into account the defendant's age, the same criminal records, the frequency of crimes, the degree of damage, etc. for sentencing under Articles 70 and 69 (2) of the Criminal Act;

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