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(영문) 대구지방법원 2020.11.20 2020노1142
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years; imprisonment for 1 year; imprisonment for 3 years; imprisonment for 1 year; imprisonment for 1 year) of the lower judgment is too unreasonable.

2. The judgment of the court below on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against each of them, and the court decided to jointly examine the above appeal cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. 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, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 330 of the Criminal Act, for the crime committed, and for the selection of punishment;

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

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act have the record of having been punished several times for the same kind of crime. In addition, even if the repeated crime period was committed for the same kind of crime, each of the crimes of this case is committed within a short time after release, and it is good that the crime is committed in light of the number of crimes, the number of crimes, the amount of

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