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(영문) 전주지방법원 2015.11.20 2015노1123
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One cuter (No. 1) seized shall be confiscated.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor filed an application for changes in indictment with respect to the facts charged of intimidation by the defendant from "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" to "special intimidation", and the applicable provisions of this Act to "Articles 3(1), 2(1)1, and 283(1) of the Punishment of Violences, etc. Act" to "Articles 284 and 283(1) of the Criminal Act" to "Article 284 and Article 283(1) of the Criminal Act."

In addition, the above crime against the defendant and the rest of the crime in the judgment of the court below should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained any more.

3. If so, 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, and the judgment below is again ruled as follows after hearing.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the ground of sentencing of Article 48(1) of the Criminal Act was committed on seven occasions by the Defendant cutting down the low voltage cable equivalent to the total market value of KRW 14 million owned by the Korea Electric Power Corporation, and assaulted the victim F, and conducted golf loans.

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