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(영문) 인천지방법원 2018.02.21 2017노4256
특수절도등
Text

Defendant

A shall reverse the remainder of the judgment of the court below, excluding the part concerning an application for compensation order.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the Defendants [the punishment of Defendant A (the first instance court of first instance: imprisonment with prison labor for a maximum of one year, the second instance court of a short of eight months: imprisonment with prison labor for a maximum of ten months, the short of six months), and Defendant L] is too unreasonable.

2. Determination

A. We examine the judgment ex officio (Defendant A) prior to the judgment on the grounds for appeal by Defendant A.

The Court held that each appeal case against Defendant A against the lower judgment was consolidated and tried, and that each offense against the same accused at the time of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the remainder of the lower judgment against the above Defendant, except for the part concerning the application for compensation order, cannot be maintained.

B. In light of the circumstances asserted by Defendant L on the grounds of appeal, even if there is no change of circumstances that may be considered in sentencing after the judgment of the court below, and considering various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

3. As such, the remaining part of the judgment of the court below against Defendant A excluding the part concerning the application for compensation order among the judgment below excluding the above part concerning the application for compensation order, the above part is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above defendant's unfair argument of sentencing, and the above part is again decided after pleading and pleading as follows. Since the appeal against Defendant L is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure

[Judgment (excluding the part concerning the application for compensation order against Defendant A) used again], criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.

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