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(영문) 광주고등법원 2019.09.10 2019노219
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a period of three years and ten months.

The date of seizure shall be the date of seizure.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court by Defendant 1 and Defendant 2 is too unreasonable.

B. The sentence imposed by the second instance court is too uncomparably unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio is examined as above.

A. Article 1 and 2 of the lower judgment was pronounced to the Defendant, and the Defendant filed each appeal against the lower judgment against all of the lower judgment, and the Prosecutor decided to concurrently examine each of the above appeals cases.

Each of the first and second judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

B. In addition, the prosecutor filed an application for amendment to a bill of amendment to the indictment with the purport that the facts charged by the court of first and second trials [the reasons why the judgment was written] were changed along with the "criminal facts" of the court below, and since this court was changed by granting permission, the judgment of the court below cannot be maintained any more in this respect.

3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the lower judgment is reversed in its entirety, and the following is again decided through pleading.

【Reasons for the Judgment in 2017Da5296, Dec. 21, 2011) The summary of the facts of the crime and the evidence admitted by the court of appeal is as follows: [The facts of the crime] among the column of the judgment of the court of second instance [the facts of the crime] [2018 Godan5296] “one physical card connected to the Agricultural Cooperative Account in the name of the defendant (F). Accordingly, the defendant lent the access media in promising compensation.”

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