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(영문) 대전고등법원 2018.10.19 2018노308
특수강도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized A. 6-S. 1 (No. 1).

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the sentencing (3 years and confiscation of imprisonment with prison labor of the court of first instance, and 6 months of imprisonment with prison labor of the court of second instance) is excessively unreasonable.

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

The judgment of the court of first instance and the judgment of the court of second instance rendered each of the above judgments, and the defendant filed an appeal against each of the above judgments, and this court decided to hold concurrent hearings of the above two appeals cases, and each of the offenses of the first and second judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the offenses under Article 38(1) of the Criminal Act shall be sentenced to one punishment.

Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

3. The judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, on the grounds of the above ex officio reversal. It is so decided as follows.

[Grounds for the judgment in 2018] Criminal history room [2018No. 308] Defendant and C are in the same line with Dong Ne Neng, D, E, and F have come to home with each other, and they have come to home with each other on March 2018.

1. On March 31, 2018, the Defendant and C and E, along with C and E, expressed intent to forcibly accept money and valuables by communicating with the male who wants to engage in sexual traffic through the “G”, etc., which is a mobile phone application, in order to raise a cost of living at the mutually aesthetic conference in the mid-gu Daejeon Special Metropolitan City, Daejeon, with the Defendant and C and C around March 10, 2018, and by assaulting them.

E, around 12:00 on March 31, 2018, promised to remain between the victim H (34) and the conditions through “G” at the above telecom, and then met the victim in the vicinity of the above telecom on the same day at around 14:30 on the same day.

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