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(영문) 서울고등법원 2015.10.07 2015노1966
장물취득등
Text

The judgment of the court below and the judgment of the court below are all reversed.

Defendants shall be punished by imprisonment for two years.

2015No1966.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the imprisonment of the court below 8 months and confiscation of the defendant A: the imprisonment of the court below 1; the imprisonment of the court below 2 years; the imprisonment of the defendant B: the imprisonment of the court below 10 months and confiscation of the defendant; the imprisonment of the court below 2 years and the imprisonment of the court below 1 year and 6 months) which the defendants sentenced to the defendants in the

B. Each sentence sentenced to the Defendants in the first instance judgment (with respect to the judgment of the first instance court) is too unfasible and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, this Court decided to hold a concurrent trial by examining the appeal cases among the judgment below. With respect to the Defendants, each of these offenses in the judgment below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence shall be determined within the scope of the term of punishment for which concurrent crimes are aggravated under Article 38(1) of the Criminal Act.

In addition, the prosecutor applied for amendments to Bill of Indictment to the effect that part of the defendants' crimes of acquiring stolen property among the judgment of the court below was changed by this court's permission.

Therefore, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the Defendants and the prosecutor, and the judgment below is again ruled following the pleadings.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court are as shown in the corresponding column of the judgment below in addition to the alteration or deletion of part of the defendants' respective stolen acquisition crimes among the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

The facts of the judgment of the court below.

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