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(영문) 대전지방법원 2018.12.20 2018노2125
특정범죄가중처벌등에관한법률위반(절도)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of reasons for appeal: The punishment of each court below (one year of imprisonment with prison labor) which is unfair in sentencing is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. Accordingly, 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 about the sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Summary of the Decision] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act (the attempted larceny and larceny) and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 201) are that the Defendant recognized all of the instant crimes.

The degree of damage caused by each of the crimes in this case is minor.

However, although the defendant had been punished several times for the same crime, he/she again committed the crime of this case during the period of repeated crime.

In light of the circumstances, details, methods, etc. of each of the crimes in this case, the crimes are inferior, and there is no agreement with the victims.

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