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(영문) 부산지방법원 2014.05.16 2014노979
특수절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal of eight months imprisonment with prison labor sentenced by the court below to the defendant and the punishment of six months imprisonment with prison labor sentenced by the court below to the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant case No. 2014No979, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2014No111, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the offenses committed by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be punished with a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The summary of the first instance court's examination of suspect interrogation of G as "1. G Prosecutor's interrogation protocol of prosecutor's office" is the same as the corresponding column of each judgment of the court below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Each of the crimes in this case on the grounds of sentencing in Article 62-2 of the Criminal Act on Probation is on the one hand, the defendant colored his accomplices in advance and prepared tools for committing the crime.

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