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(영문) 서울북부지방법원 2017.11.30 2017노1521
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

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

Nos. 4 through 8 of seized evidence.

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (two years of imprisonment, confiscation) is too unreasonable.

We examine the reasons for appeal by the defendant ex officio prior to the judgment.

According to the records, the Defendant was sentenced to three months of imprisonment with prison labor at the Seoul Northern District Court on October 19, 2017, and on October 27, 2017, it can be recognized that the above judgment became final and conclusive. As such, each of the crimes of larceny and of this case, which became final and conclusive, is in the relation of concurrent crimes by the latter part of Article 37 of the Criminal Act, and the sentence shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument, and the judgment of the court below is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence admitted by this court is as follows. The summary of facts constituting an offense and evidence is as follows: (a) the judgment of the court below was terminated; (b) the judgment of the court below was sentenced to imprisonment with prison labor for larceny at the Seoul Northern District Court on October 19, 2017; and (c) the judgment was finalized on October 27, 2017; and (d) the judgment was finally binding on October 3, 2017; and (b) the judgment of the court was changed to “one previous conviction in the judgment of the court of first instance” as stated in the corresponding column of the judgment of the court below, except for adding “one previous conviction in the judgment of the court of first instance” to “the defendant’s own statement in the judgment of the court of first instance” as stated in the judgment of the court below

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning the crime committed under the relevant provisions of the Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Code, Article 39, Paragraph 1 of the Criminal Code (only between the above crimes and the larceny for which judgment becomes final and conclusive).

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