logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.03.27 2013노5428
절도등
Text

The part of the judgment of the court of first instance against the Defendants and the part against Defendant B in the judgment of the court of second instance.

Reasons

[Judgment on the Reasons for Appeal] The sentencing of the original court (the first instance court: the imprisonment of Defendant A; the imprisonment of Defendant B; the imprisonment of Defendant B; and the second instance court: Defendant B: the imprisonment of Defendant B) is too unreasonable.

We examine ex officio the defendants' grounds for appeal prior to the judgment on the grounds for appeal.

Defendant

According to the records on A, the defendant can be found to have been sentenced to four months of imprisonment with prison labor for larceny at the second instance judgment and the above judgment became final and conclusive on February 13, 2014.

Since each crime of the judgment of the court of first instance against the defendant is in the relation of larceny for which the judgment became final and conclusive and concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account the equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, the part of the judgment of the court of first instance that did not take such measures is reversed

Defendant

The defendant filed an appeal against B against each of the judgment below, and this court decided to hold concurrent hearings. The judgment of the court below against the defendant should be sentenced to a single sentence within the scope of the term of punishment or amount increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part of the judgment of the court below against the defendant among the judgment below cannot be exempted from all of the reversal.

As such, the part of the judgment of the court of first instance against the Defendants and the part on Defendant B among the judgment of the court of second instance on the grounds of the above ex officio reversal. Thus, without examining the Defendants’ assertion of unfair sentencing, the part on the Defendants among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act and the part on the Defendants B among the judgment of the court of second instance are reversed, and it

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence.

arrow