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(영문) 의정부지방법원 2016.05.13 2015노2732
절도
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that each sentence (the first instance court: the fine of KRW 500,000, KRW 200,000, KRW 200,000) declared by the lower court is too unreasonable because it is too unreasonable (the Defendant explicitly withdraws his assertion of mistake on the first instance court date). 2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio decision.

This Court decided to jointly examine each appeal case against the judgment of the court of first instance and the judgment of the court of second instance, and each of the offenses against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) other than adding “1. Defendant’s trial testimony” to the summary of the evidence of each judgment of the court below, it is identical to the corresponding column of each judgment of the court below; and (b) thus, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning the facts constituting a crime and Article 329 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was not yet agreed with the victims, and the damage was not recovered.

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