(영문) 대구지방법원 2016.04.21 2015노5228 | 리걸엔진

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(영문) 대구지방법원 2016.04.21 2015노5228

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to 700,000 won) is too unreasonable.

2. We examine ex officio determination.

According to records, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on November 26, 2015, and the judgment became final and conclusive on March 17, 2016.

Therefore, in the relationship between the crime of this case and the crime subject to the above final judgment and the crime of single concurrent crimes after Article 37 of the Criminal Act, the punishment should be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.

In this respect, the judgment of the court below is no longer maintained.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 defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on November 26, 2015 and the judgment became final and conclusive on March 17, 2016" in the first head of the judgment of the court below, and the summary of the evidence is as stated in the judgment of the court below except for the addition of "the summary information of the case" to "the statement of 1.D" in the 2nd 3rd 3rd Do of the judgment of the court below in the summary of the evidence."

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

참조조문

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