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(영문) 광주고등법원 2017.08.10 2017노172
강도치상등
Text

The judgment of the court below is reversed.

The punishment of the defendant shall be sentenced to two years of imprisonment and shall be sentenced to the crimes of No. 1 and No. 3.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) committed larceny at the time and place specified in Paragraph (1) of the crime stated in the judgment below; (b) was discovered to the victim D; (c) opened a door door sliding out of the closed glass; and (d) there was a fact that the victim was injured by exercising the force of force against the victim, such as the sliding of the closed door in the process.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. According to the records of the instant judgment ex officio, the Defendant was sentenced to three years of imprisonment under Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes”), Articles 342 and 329 of the Criminal Act, and the instant judgment became final and conclusive on January 18, 2016, and completed the execution of a sentence on January 18, 2016, and thereafter, a new trial on the judgment subject to a new judgment was commenced in accordance with the purport of the Constitutional Court’s ruling of unconstitutionality as to the crime of which he/she habitually attempted to steals another’s property, and the fact that he/she was sentenced to imprisonment with labor for not more than three years under Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes”), and Article 342 and 329 of the Criminal Act regarding the crime of which he/she was habitually sentenced to imprisonment with labor for not more than 25 years.

However, the crime of habitual larceny for which the judgment of the court below became final and conclusive, and the injury caused by robbery among the crimes in the judgment of the court below, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) around August 27, 2016 and around September 26, 2016, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) should be sentenced in consideration of equity and cases where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act. In this regard, the judgment of the court below

In addition, the court below held that there is a new judgment.

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