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(영문) 부산고등법원 (창원) 2015.04.29 2015노103
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

A certificate of a temporary package for seized official travel.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (15 years of imprisonment and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination of ex officio and ex officio on the assertion of unfair sentencing by the defendant and prosecutor

The lower court sentenced the Defendant to the effect that the seized 1 No. 2 (Evidence No. 2), 1 (Evidence No. 3), panty color panty (Evidence No. 4) shall be confiscated from the Defendant.

However, according to the records of seizure prepared by judicial police officers, each of the above seized articles is not owned by the defendant but owned by the victim, and the court below ruled that the above seized articles were confiscated by the defendant. Therefore, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment.

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and it is again decided as follows.

- The reasons used again for reversal - Criminal facts and summary of evidence recognized by this 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. Relevant provisions of the Criminal Act concerning criminal facts, Article 250 (1) of the Criminal Act that prescribes the choice of punishment (the use of stolen credit card, the selection of limited imprisonment), Article 161 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Specialized Credit Finance Business Act (the use of stolen credit card, the use of stolen credit card, the use of stolen credit card, and the selection of imprisonment, inclusive);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the heaviest homicide).

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