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(영문) 서울북부지방법원 2013.10.18 2013노777
야간주거침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and two months and a short term of one year.

The seized fingers, etc.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance court: imprisonment with prison labor for a maximum of one year, the short of ten months, and the second instance: imprisonment with prison labor for a maximum of six months and the short of four months) is too unreasonable.

B. The sentence imposed by the court below (with respect to the second instance) is too unfluent and unfair.

2. Prior to the judgment on the prosecutor's ex officio and the grounds for appeal by the defendant, the first and second court rendered ex officio a decision that each of the above two appeals cases shall be subject to a single sentence within the scope of the term of punishment imposed on the defendant under Article 38 (1) of the Criminal Act, since the court below's decision that each of the first and second appeals cases shall be sentenced to imprisonment with prison labor for the former one year, for the short term of ten months, for the latter one, for the latter six months, and for the short term of four months, for the latter two years, and the prosecutor filed each appeal against the second original judgment, and the court below decided to concurrently examine the above two appeals. The first and second offenses of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment imposed on the concurrent crimes under Article 38 (1) of the Criminal Act. In this respect, all of the judgment below against the defendant is reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing by the defendant and the prosecutor on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Articles 330 (the occupation of larceny at night), 331 (1), 330 (the occupation of special larceny), and 342 of the Criminal Act concerning facts constituting an offense;

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