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(영문) 수원지방법원 2019.09.27 2018노5125
횡령등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for eight months and the second instance judgment: imprisonment with prison labor for one year) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The Defendant filed each appeal against the judgment of the court below in the first and second instances, and this Court decided to consolidate each appeal against the judgment of the court below in the first and second instances.

The first and second crimes against the defendant in the judgment of the court below shall be sentenced to one punishment within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act, as they are concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court of first and second instances which sentenced a separate sentence against the defendant cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as follows: the facts constituting an offense and the summary of the evidence are as stated in the respective corresponding column of the judgment of the court below except where the 3rd of the judgment of the court of first instance among the facts constituting an offense and the summary of the evidence are as stated in F. Thus, they are quoted as they are in accordance with Article 3

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, Articles 78 subparag. 2 and 71(1) of the Motor Vehicle Management Act, each of the choice of punishment for criminal facts, Articles 78 subparag. 2 and 71(1) of the Motor Vehicle Management Act, each of the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognize all of the crimes of this case.

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