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(영문) 창원지방법원 2018.04.26 2017노2990
특수절도등
Text

The part of the judgment of the court below, excluding the compensation order, shall be reversed.

The Defendants shall be punished by imprisonment with prison labor for one year.

Reasons

1. The summary of each of the reasons for appeal (in the case of Defendant B, Defendant B, and Defendant A, Defendant A, and Defendant A, Defendant 1, 2, and 3, respectively, against the lower judgment)

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

Defendant

B With respect to the judgment of the court below in 1, 3, Defendant A filed each appeal against the judgment of the court below in 1, 2, and 3, and this court decided to hold a joint hearing of the above appeal cases.

Each crime of the first, second, and third judgment against the Defendants is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below 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 Defendants’ respective allegations of unfair sentencing, on the grounds that there are grounds for reversal ex officio. The judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are identical to the corresponding column of each judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant B: Articles 331(2) and 331(1) of each Criminal Act (the point of joint larceny), 342, 331(2), and 331(1) (the point of attempted joint larceny) of each Criminal Act, Articles 347(1) and 30 (part of fraud) of each Criminal Act, Articles 152 subparag. 1 and 43 of each Road Traffic Act (the point of unauthorized Driving), and each decision of imprisonment.

B. Defendant A: Articles 331(2) and 331(1) of each Criminal Act (the point of joint larceny), 342, 331(2), and 1 (the point of attempted joint larceny) of each Criminal Act, Articles 347(1) and 30 (part of fraud) of each Criminal Act, Articles 152 subparag. 1 and 43 of each Road Traffic Act (the point of unauthorized Driver), Articles 314(1) and 313 of the Criminal Act (the point of interference with business), prevention of telecommunications fraud and refund of damages.

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