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(영문) 광주지방법원 2013.07.17 2013노461
절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to each punishment (two months of imprisonment and four months of imprisonment) is too unreasonable.

2. Prior to the determination of the Defendant’s argument on the grounds of appeal, the first instance court held that the Defendant filed an appeal against the instant judgment by both the lower court and the pleadings were combined in the trial. However, each offense against the Defendant, which the lower court rendered against the Defendant, should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act and sentenced to a single sentence. Thus, the lower court’s judgment was no longer maintained.

3. Accordingly, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. On October 31, 2012, the reason for sentencing under Article 329 of the Criminal Act regarding criminal facts and Article 329 of the choice of punishment is that the defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on the same crime, and on November 8, 2012, the above judgment became final and conclusive on November 8, 2012, and committed each of the instant crimes on two occasions during the suspended execution period, which is disadvantageous to the defendant. The defendant is under confession of criminal facts, and the amount of damage is not high, and the victims wanted to have the Defendant’s wife, and if the defendant was sentenced to imprisonment with prison labor for six months since the date when the sentence was suspended. This is a normal situation that is favorable to the defendant.

. The above.

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