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(영문) 서울동부지방법원 2019.01.11 2018노726
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Nos. 1, 2, 5 through 16, of seized evidence.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant’s respective sentences (a fine of KRW 5 million: a fine of KRW 200,000; a fine of KRW 2: imprisonment; a fine of KRW 2 years; a confiscation; a compensation order; and a imprisonment of KRW 3: a fine of KRW 4) of the lower judgment is too unreasonable, and that the prosecutor’s punishment of the lower judgment is too un

2. Each appeal case of the judgment of the court of first instance that sentenced the Defendant to a fine in the judgment of ex officio, and of the judgment of the court of first instance that sentenced to imprisonment with prison labor, were combined. Each of the above judgments of the court of first instance constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and the crime of each of the judgment of the court of first instance is modified to imprisonment with prison labor for a multiple-choice crime under the former part of Article 37 of the Criminal Act. As examined below, the crime of the judgment of the court of first instance and the crimes of the court of second and third shall be sentenced to one punishment under Article 38

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is also reversed, and the following is again decided after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 329 (a) and 347 (1), 30 (a), 347 (1), and 347 (1) (the fraud of goods), each of Articles 330 (a) and 355 (1) (a point of night-time theft) of the Criminal Act, Articles 49 (4) 2 and 6 (3) 2 (a point of lending access media), and each of the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation Article 48(1)1 of the Criminal Act

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