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(영문) 수원지방법원 2013.04.04 2012노4937
병역법위반등
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.

Each of the facts charged in this case.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. The judgment of the court of first instance is too unreasonable on the ground that the sentence of the court below is too unreasonable.

B. As to the judgment of the court below of the second instance, the court below erred by misapprehending the legal principles as to the misunderstanding of facts, even though the defendant did not commit each attempted larceny as stated in the judgment of the court below.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Before determining the Defendant’s assertion of ex officio, this Court decided to hold a joint hearing of all appeals cases involving the judgment of the court below that the Defendant appealed. Each of the offenses in the judgment of the court below against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, which are all concurrent crimes under Article 38 of the Criminal Act, and shall be sentenced to one punishment at the same time in accordance with Article 38 of the Criminal Act, so the judgment of the court below

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal.

B. We examine whether Q Q’s statement (the statement in the original court, the statement in the police protocol, and the statement in the written statement) that designated the Defendant as an offender is the sole evidence that corresponds to each attempted larceny among the facts charged in the instant case’s judgment on the erroneous determination of facts regarding the judgment of the court below on the second instance.

In the criminal identification procedure based on the appearance, etc. of the suspect, allowing the witness to identify the suspect by himself or by presenting only one photograph of the suspect to the witness, due to the limitation and inaccuracy of human memory, and the possibility of giving him or a person on his photograph to the witness that the suspect or person on his photograph is suspected of being a criminal under specific circumstances.

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