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(영문) 청주지방법원 2019.03.29 2018노1208
절도등
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 punishment (the first instance court: imprisonment with prison labor for a year and two months, and the second instance: imprisonment with prison labor for a period of eight months) that the first and second instance court sentenced to the accused is too unreasonable;

2. The first and second original judgments were rendered on the defendant's judgment ex officio, and the defendant filed an appeal against the first and second original judgments, respectively, and the court decided to jointly examine the above two appeals cases.

Since the crime of the first instance judgment and each crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Code, it should be punished by one order under Article 38 of the Criminal Code, so the first and second original judgments cannot be maintained as they are.

3. The first and second original judgments are reversed without examining the Defendant’s allegation of unfair sentencing, and the first and second original judgments are reversed, and the following are again decided after oral pleadings.

【Grounds for the Judgment of the Supreme Court, 【The facts constituting a crime and the summary of the evidence admitted by the court, and the summary of the evidence are the same as each corresponding part of the judgment of the first and second original courts, and thus, they shall be quoted in accordance with Article 369

Application of Statutes

1. Article 329 of the Criminal Act, Articles 329, 34(1) of the Criminal Act, Articles 342, 329, and 34(1) of the Criminal Act, Article 74(1)3 and 36(1) of the former Creation and Management of Forest Resources Act (amended by Act No. 14987, Oct. 31, 2017); Article 34(1) of the Criminal Act; Article 34(1) of the Criminal Act (amended by Act No. 14987, Oct. 31, 2017); Article 34(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 355(1) of the Criminal Act (Embezzlement) of the Criminal Act; Article 355 of the option of imprisonment with labor

1. Article 35 of the Criminal Act among repeated crimes (Offense of Fraud and Embezzlement)

1. Of concurrent crimes, the defendant is the principal owner of forest land in relation to each of the crimes when the first adjudication on the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 (Aggravation of concurrent crimes stipulated in the heavy fraud) of the Criminal Act is rendered.

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