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(영문) 서울중앙지방법원 2015.03.05 2013노3028
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

According to evidence, the defendant was sentenced to eight months of imprisonment with prison labor for larceny on January 7, 2015 in this court and the judgment became final and conclusive on January 15, 2015.

The crime of larceny and the crime of this case, for which a judgment has become final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act with regard to concurrent crimes under the latter part of

Therefore, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's ex officio grounds for reversal of unfair sentencing, and the judgment below is again ruled as follows through pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: “The defendant was sentenced to eight months of imprisonment for larceny at the Seoul Central District Court on January 7, 2015 and the judgment became final and conclusive on January 15, 2015” in the first part of the facts charged by the court below; and “1. The previous conviction in the judgment: the subsidiary of the case agreement, and the written judgment” is the same as the corresponding column of the court below, except for adding “the summary of the case: the subsidiary of the case agreement, and the written judgment” to the summary of the evidence, and thus, it is cited pursuant

Application of Statutes

1. Article 329 of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was subject to criminal punishment on several occasions for the same kind of crime, such as special larceny and larceny, and that he/she again commits the instant crime within three years after he/she was sentenced to imprisonment with labor for one year and six months due to robbery and completed the execution on July 28, 201.

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