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(영문) 대구고등법원 2014.04.09 2013노590
강도강간등
Text

The judgment of the court of first instance, excluding the part of the application for compensation order, shall be reversed in entirety.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each judgment of the court below (the first judgment: imprisonment with prison labor for 6 years, disclosure and notification order 7 years, and 4 months: imprisonment with prison labor for 6 years, 7 years and 4 months) on the defendant case (the defendant A) and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant A") is too unreasonable (the defendant A appealed to be tried jointly with the appellate judgment of the court of first instance, and it is reasonable to view that the second judgment of the court below was appealed on the ground of unfair sentencing.

2) It is unreasonable for the lower court to order Defendant A to attach an electronic tracking device for 10 years.

B. The prosecutor (in the judgment of the court of first instance, unreasonable sentencing on the defendant's case) sentenced by the court of first instance against the defendants (the imprisonment of six years for the defendant A, the fine of three million won for the defendant H) is too uneased and unfair.

2. Determination

A. 1) Defendant A’s grounds for appeal due to the consolidation of the case of Defendant A and the judgment of the court of first instance on the grounds of unfair sentencing regarding Defendant A’s punishment, prior to the judgment on the grounds of appeal of unfair sentencing by the prosecutor on the grounds of unfair sentencing regarding Defendant A’s punishment, the court of first, and the court of first instance rendered judgment of conviction, respectively. As to this, Defendant A filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court of second instance decided to jointly examine the above appeal cases. The first and second crimes against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be subject to a single punishment within the scope of punishment aggravated under Article 38(1) of the Criminal Act. Accordingly, the judgment of the court of first instance on the part of Defendant A (excluding compensation order) and Article 9(2) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders regarding the case of request for attachment order.

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