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(영문) 인천지방법원 2017.02.16 2016노2986
특수절도등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a crime of 2016 high group of 1050 cases in the first instance judgment.

Reasons

1. Summary of grounds for appeal;

A. Regarding the punishment sentenced by the first instance trial to the Defendants (Defendant A: three months of imprisonment, Defendant B’s imprisonment with prison labor for six months), the Defendants asserts that the punishment is unfair because it is too unreasonable.

B. With respect to the punishment sentenced by the second instance court to Defendant A (4 months of imprisonment), Defendant A asserts that it is too unreasonable because it is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

(c)

With respect to the punishment sentenced by the first instance court to Defendant B (two months of imprisonment), the prosecutor asserts that the prosecutor is too unhued and unfair.

(d)

With respect to the punishment sentenced by the first instance court to Defendant B (six months of imprisonment), Defendant B asserts that it is unfair because it is too unreasonable.

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

A. As to the lower judgment against Defendant A, Defendant A was sentenced to two years of suspension of execution on March 16, 2016 to eight months of imprisonment with prison labor for special larceny, etc. on March 24, 2016 (hereinafter “final judgment”) and the judgment became final and conclusive on March 12, 2016, and five months of imprisonment with prison labor for larceny, etc. on May 20, 2016 (hereinafter “second final judgment”), and the judgment became final and conclusive on May 20, 2016 (hereinafter “second final judgment”) ① The crime of Article 2016 second higher judgment in the first instance judgment and Article 37 higher judgment in the first instance judgment in the second instance on March 16, 201, each of the crimes of Article 16 second instance judgment in the second instance and Article 37 higher judgment in the first instance judgment in the second instance on May 30, 201, and each of the crimes of Article 4 of the Criminal Act is concurrent with the first instance judgment in the second instance judgment in the second instance judgment.

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