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(영문) 서울중앙지방법원 2013.06.21 2013노1285
절도등
Text

All the decisions of the first instance court are reversed.

The sentence against the accused shall be determined by a fine of 300,000 won.

The defendant above.

Reasons

1. The summary of the grounds for appeal: (a) ex officio decision on February 2, 199; and (b) this court decided to concurrently deliberate on each appeal case against the first instance court decisions; and (c) each of the above offenses, which the first instance court found guilty, shall be sentenced to a single sentence within the scope of a single sentence, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act in accordance with Article 38(1) of the Criminal Act, within the scope of a single sentence. As such, the first instance court decisions against the defendant shall be reversed due to such subsequent triggering circumstances

3. According to the conclusion, the judgment of the first instance court is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of unfair sentencing, and it is again decided following the oral argument as follows.

Since the criminal facts and the summary of the evidence recognized by the court are the same as those of the first instance court decisions, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant law concerning criminal facts, Article 329 of the Criminal Act (the choice of fines), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of an interrupted debit card) and Article 347(1) of the Criminal Act (the use of an interrupted debit card). 1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent criminal cases;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which increased concurrent crimes, Articles 70 and 69(2)1 of the Criminal Act, which are the provisional payment order, Article 334(1) of the Criminal Procedure Act.

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