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(영문) 청주지방법원 2016.05.12 2016노253
특수절도등
Text

The judgment below

The part of the defendant's compensation application, other than the dismissed part, shall be reversed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. According to the evidence of the previous conviction in the summary of the evidence as stated in the judgment of the court below, the defendant was sentenced to imprisonment with prison labor for special larceny on September 13, 2013 for six months, and was sentenced to a two-year suspended sentence on September 24, 2013, and the above judgment became final and conclusive on September 24, 2013. The defendant's each crime listed in paragraph (1) of the judgment of the court below against the defendant, each of the crimes listed in paragraphs (1) and (2) of the same Article, and the above special larceny listed in paragraphs (1) through (3) of the Table 2 of the List of Crimes listed in the judgment of the court below, which became final and conclusive on September 24, 2013, shall be sentenced separately to each of the crimes listed in the judgment of the court below in the latter part of Article 37 of the Criminal Act, in relation to a concurrent crime

Nevertheless, the court below held that all of the crimes in its judgment are concurrent crimes under the former part of Article 37 of the Criminal Act.

In light of the above, one sentence has been sentenced, which is erroneous in the judgment of the court below that affected the conclusion of the judgment.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment below against the defendant (excluding the dismissed part of the application for compensation) is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of criminal facts and evidence recognized by this court was sentenced to imprisonment with prison labor for six months with prison labor for special larceny in the Chungcheong District Court on September 13, 2013 and the above judgment became final and conclusive on September 24, 2013.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “1. A previous conviction in the judgment of the court below” to “the Defendant’s legal statement or case search” in the summary column of the evidence. As such, it is cited in accordance with Article 369 of the Criminal Procedure

The laws and regulations;

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