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(영문) 대전지방법원 2020.06.10 2019노3493
야간주거침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (one year and six months of imprisonment, and four months of imprisonment, in the case of the court below of first instance) is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio determination, and each appeal was filed after the judgment of the court below was rendered separately, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, and therefore, the judgment of the court

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority are the above, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act, Articles 330 and 342 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the same Act concerning the selection of punishment (the points of night-time larceny)

1. In light of the following: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes; (b) the Defendant, who had been punished due to the crime of larceny of the same kind as this case and the crime of violation of the Road Traffic Act, committed repeatedly each of the crimes in this case; and (c) the nature of the crime in light of the form of the larceny crime; and (d) the damage recovery was not achieved, a sentence is inevitable for the Defendant to be sentenced.

However, the defendant.

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