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(영문) 수원지방법원 2014.05.16 2014노806
특수절도등
Text

Of the judgment of the court of first instance, the part against the defendants and the judgment of the court of second instance against the defendant A of the judgment of the court of first instance.

Reasons

1. Summary of grounds for appeal;

A. The two-year punishment of imprisonment with prison labor sentenced to the above defendant in the original judgment of defendant A A A1 and the two-month punishment of imprisonment with prison labor sentenced to the above defendant in the second original judgment are too unreasonable.

B. The sentence of one-year imprisonment sentenced by the above Defendant D’s first instance court is too unreasonable.

2. Prior to the judgment on the grounds for appeal of unfair sentencing by Defendant A’s judgment ex officio, the part concerning the provisional crime of Defendant A in the case of health class, 2014No806 and 2014No1795 was consolidated. The criminal facts of each of the above cases are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed. Thus, the part concerning the above Defendant among the first judgment of the lower court of the first instance and the part concerning the first offense of Article 1 in the second judgment cannot be maintained.

3. The judgment on the grounds for appeal by Defendant D does not have the same criminal record as that of the above defendant, and all of the crimes are recognized, and their depth is divided.

At the time of the trial, two of the victims have been agreed, and efforts have been made to recover damage, such as deposit of money for two of the victims.

This case has been detained for not less than seven months, and there was an opportunity to reflect.

In addition, the first instance court’s punishment against Defendant D is too heavy in full view of the above Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, circumstances after the crime, and various sentencing conditions as shown in the record and pleading.

3. The part of the judgment of the first instance, among the judgment of the second instance, as to Defendant A’s crime No. 1 of the judgment of the second instance, there exist grounds for ex officio reversal, and Defendant D’s appeal against the judgment of the first instance is with merit. Thus, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the part against the Defendants among the judgment of the first instance, and the part concerning the provisional crime No. 1 of the judgment of the second instance, are all reversed, and it

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