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(영문) 서울북부지방법원 2018.12.21 2018노1263
특수절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for the first instance court and six months of imprisonment with prison labor for the second instance court) is too unreasonable.

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

The court of the first and second instances of appeal against the defendant was consolidated and tried by the court of the first and second instances of appeal, and each offense of the first and second cases of the first and second cases of appeal is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, 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, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 331(2) and (1) of the Criminal Act, Article 331(2) of the Criminal Act (the point of special larceny), Article 329 of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 347-2 and 30 of the Criminal Act, Article 283 of the Criminal Act (the point of fraud by using computers, etc.), Article 283 of the Criminal Act (1) of the Criminal Act, Article 324(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 346 of the Criminal Act, Article 347 of the Criminal Act, Article 347-2 and 30 of the Criminal Act, Article 283 of the Criminal Act, Article 324(1) of the same Act, and Article 36

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

1. The defendant on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with punishment stipulated for special larceny against the victim Q, of the largest criminal situation) of the aggravated concurrent crimes, up to the trial of the relevant case.

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