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(영문) 수원지방법원 2016.11.17 2016노4324
절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (e.g., in a case where the defendant was employed and worked in an electronic company without any particular criminal punishment for at least ten years and was established and operated by the electronic company on or around 2014, and the company committed the crime of this case by contingently during his/her life. The defendant sold stolen goods and received profits by selling them, and paid 3,000,000 won to the victim V for compensation for damage, and expressed his/her intent that the above victim does not want the defendant's punishment. In light of the above, each sentence of imprisonment for at least six months (the first judgment) and imprisonment for six months (the second judgment of the court below) is too unreasonable.

2. The judgment of the court below and the judgment of the court of second instance on the defendant's grounds of appeal shall be sentenced to each judgment of the court below, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings. Each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court

3. The judgment below reversed all the judgment below pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Concurrent Crimes.

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