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(영문) 의정부지방법원 2015.04.21 2015노753
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court, the prosecutor applied for changes in the indictment to "Article 32 and Article 329 of the Criminal Act" in the "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 32 and Article 329 of the Criminal Act" in the "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and the subject of the judgment by the court was changed.

Therefore, the judgment of the court below that sentenced the defendant to one punishment by regarding the thief and other crimes of this case as concurrent crimes under the former part of Article 37 of the Criminal Act can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the title of Article 2015-Ma8 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) is the same as the corresponding column of the judgment of the court below, except where the title of the crime in

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 32 and 329 of the Criminal Act, Articles 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of stolen cards, the choice of imprisonment), and Article 37 subparag. 10 of the Resident Registration Act (the illegal use of another person's resident registration number and the choice of imprisonment) of the choice of punishment (the illegal use of another person's resident registration

1. Aggravation for concurrent crimes;

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