(영문) 부산지방법원 2014.06.26 2013노4089 | 리걸엔진

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(영문) 부산지방법원 2014.06.26 2013노4089

특수절도등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of three hundred thousand won.

Defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, and No. 2: Imprisonment for 8 months and fine for 300,00 won) of the lower court is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 226, 229, 226, 347 (1), 362 (1), 329, and 30 of the Criminal Act concerning criminal facts; Articles 154 subparagraph 2 and 43 of the Road Traffic Act; Article 257 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for the remainder other than the driver's license for selective motor bicycles;

1. Article 35 (Exception to Fines) of the Criminal Act for aggravated repeated crimes;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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