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(영문) 창원지방법원 2019.10.10 2019노1168
야간건조물침입절도등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant is reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (one year and six months of imprisonment, and one year of imprisonment) declared by the court below against the defendant is too unreasonable.

2. The defendant's grounds for appeal ex officio are examined ex officio prior to the judgment.

This Court has tried to consolidate two cases of appeal against the defendant, and one of the two cases deliberated in the trial is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of a limited term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance on the defendant's ground of reversal on the above-mentioned grounds, without examining the defendant's assertion of unfair sentencing, all of the judgment of the court of first instance and the judgment of the court of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 342 and Article 330 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 311 of the Criminal Act, Article 151-2 and Article 46-3 of the Road Traffic Act, Article 36-3 of the Criminal Act, Article 260 of the Criminal Act, Article 342 of the Criminal Act, Article 330 of the Criminal Act, Article 283 (1) of the Criminal Act, Article 311 of the Criminal Act, Article 151-2 of the Road Traffic Act, and Article 46-3 of the Road Traffic Act

1. Only the imprisonment with prison labor chosen;

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