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(영문) 부산지방법원 2012.09.28 2012노1487
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

Attached List of Seized Articles (1), (2).

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first and second original judgments): imprisonment with prison labor for three years and eight months, and the second original judgments: imprisonment with prison labor for two years) that the original judgment sentenced to the defendant is too unreasonable.

(1) The argument of mistake of facts against the original judgment of the first instance has been withdrawn by the statement on the date of the first trial of the first instance court).

The sentence imposed on the defendant by the second instance judgment of the prosecutor (with regard to the second instance judgment of the court below) is too unfasible and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, this Court decided to hold a concurrent hearing of each appeal case by the court below against the defendant. Since each of the offenses in the judgment of the court of first instance and each of the offenses in the judgment of the court of second instance are concurrent offenses as provided in the former part of Article 37 of the Criminal Act, the offenses in the judgment of the court of second instance shall be sentenced to a single sentence within the scope of a limited term of punishment under Article 38 (1) 2 and Article 50 of the Criminal Act, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as stated in the judgment below, except for the addition, correction, deletion, and modification as follows. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

(1) The annexed list of the judgment of the court of first instance shall be changed to the annexed list of crimes in this judgment.

However, except for the suspect A, G, A, and B in the preceding paragraph, “A and J” shall be added, and “a and J lids per week” in the extent of damage in the preceding paragraph 3 shall be read as “the last lids in the main metal,” and the degree of damage in the preceding paragraph 12 shall be the degree of damage.”

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