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(영문) 서울북부지방법원 2016.04.08 2015노2121
절도등
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by one year and six months.

Reasons

1. Reasons for appeal;

A. Since the money that the Defendant misunderstanding the fact was able to assist the victim C’s restaurant work or attend the school, it is not good (the judgment of the court below 1). The Defendant did not interfere with the victim C’s restaurant business on August 17, 2015 (the judgment of the court below 2). B. The punishment of the court below unfair sentencing is heavy.

2. Determination:

A. According to the evidence duly admitted and duly admitted, the Defendant’s 538,000 won from the damaged person over 32 occasions, and sufficiently recognized the fact that the victimized person interfered with the restaurant business on August 17, 2015.

B. This court decided to conduct a consolidated hearing of the appeal case against each judgment of the court below. Each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be sentenced within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below can no longer be maintained.

3. Since the grounds for reversal ex officio due to the consolidation of conclusion arise, the judgment of the court below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing shall be reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to the addition of each corresponding column of the judgment below. Thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 314(1) of the Criminal Act, Article 350(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Articles 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, and Article 1 (the scope of recommending punishment) of the reason for sentencing [the scope of recommending punishment] the aggravated area (0 months to 2 years) of the Act on the thief for general property.

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