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(영문) 광주지방법원 2017.09.21 2017노273
공전자기록등불실기재등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

2...

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (the first instance court, June, and June) of the lower court (the second instance court, June, and June) is too unreasonable.

B. Each sentence of the court below against Defendant A by the public prosecutor (the above sentence) and the remaining Defendants except Defendant A by the court of the second instance (the defendant L and S shall be subject to a suspended sentence of two years, Defendant I, U, K, R,O, N, M, Q, and P by imprisonment of ten months, and two years, a suspended sentence of two years in August, and the suspended sentence of six months in case of the defendant T by imprisonment) are deemed to be excessive and unfair.

2. The rest of the defendants except the defendants A, U, T,O, N, M, and Q are primary offenders. The defendants I, L, K, R, and P did not have the same criminal record, the above defendants did not play a leading role in the defendant A. The above defendants recognized their mistakes and are against them, and other circumstances shown in the arguments in this case, such as the age, sex, environment, motive and consequence of the crime, and the following circumstances, are taken into account, and thus, it is not recognized that the court below's punishment against the above defendants is unfair because the punishment of the court below of the second instance against the above defendants is too excessive. Thus, the prosecutor's argument of unfair sentencing against the above defendants is rejected.

3. The grounds for appeal against the defendant A and the prosecutor A are examined ex officio prior to the judgment on the grounds for appeal.

Defendant

A and the prosecutor filed an appeal against the judgment of the court below against Defendant A and filed an appeal to this court concurrently examined the appeal cases against Defendant A. The judgment of the court below against Defendant A is related to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below against Defendant A cannot be maintained.

4. Conclusion

A. Since the public prosecutor’s appeal against the remaining Defendants except the Defendant A is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

B. The lower judgment against Defendant A is the foregoing.

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