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(영문) 서울동부지방법원 2020.11.12 2020노644
절도등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The respective punishment of the court below against the defendant in the summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 1 year and 8 months) is too unreasonable.

2. The defendant filed an appeal against each judgment of the court below that held ex officio following the consolidation, and the court rendered a decision to consolidate each case.

Each judgment of the court below shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, each judgment of the court below cannot be maintained as it is.

3. Accordingly, 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 ex officio reversal, and following the oral argument is decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of each judgment of the court below. Thus, it is

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act, each of the choice of punishment for the crime, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Articles 342 and 330 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes (as to each crime described in items 1 through 8, No. 2000 per annum of the list of crimes as indicated in the judgment below and the judgment below)

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include: (a) the Defendant recognized all of the instant crimes; (b) the extent of damage is not significant; (c) the bicycle was temporarily returned to the victim C; and (d) the victim Y did not want the Defendant’s punishment.

However, the crime of this case steals the key from the food material supply vehicle, and then intrudes on the structure and steals the property.

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