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(영문) 대구지방법원 2018.07.20 2018노495
절도
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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of three million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. We examine ex officio prior to determining the grounds for appeal by the defendant.

In September 21, 2017, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution, and on February 10, 2018, the said judgment became final and conclusive on September 21, 2018.

Therefore, the crime of larceny of this case and the violation of the Punishment of Violences, etc. Act (joint conflict) committed before the above judgment becomes final and conclusive is in the concurrent relationship between the latter part of Article 37 of the Criminal Act and the latter part of Article 37 of the Criminal Act, which requires the application of Article 39(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

[criminal records] On September 21, 2017, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for the crime of violation of the Punishment of Violences, etc. Act in the Daegu District Court Port Support on September 21, 2017, and the said judgment became final and conclusive on February 10, 2018.

[2] On July 28, 2017, the Defendant: (a) 03:00 on July 28, 2017, in the front smoking room of the “C” located in the Northern-gu, Seo-gu, Seocheon-gu; (b) 34 years of age drop the floor; (c) 1 key of the vehicle corresponding to KRW 350,000 in the market price owned by the victim; and (d) 750,000 in the market price of KRW 50,00 in cash.

As a result, the Defendant stolen the property amounting to KRW 1,250,000, total of the victims.

Summary of Evidence

1. The defendant's oral statement in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to CCTV screen pictures;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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