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(영문) 광주지방법원 2016.06.01 2015노3429 (1)
특수절도등
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be ten months of imprisonment and a fine of one hundred thousand won.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (long-term 10 months, short-term 8 months) and Defendant 3’s punishment (long-term 6 months and fine 100,00 won) are too unreasonable.

B. The lower court’s sentence No. 2 (2 million won in penalty) of the Prosecutor’s 2 is too unhued and unreasonable.

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

A. This court held the appeal cases against the judgment of the court below concurrently and tried, and each of the offenses against the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act.

B. It is clear that the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the declaration of the first instance judgment by AM and became an adult in the first instance trial.

Therefore, the judgment of the court of first instance which sentenced the defendant to be sentenced to an irregular sentence has become unable to be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds. The judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as follows: (a) the summary of facts constituting an offense and evidence is as stated in the judgment of the court below, with the exception of adding “1. Defendant’s original trial testimony” to the column for the evidence of the original judgment (Article 369 of the Criminal Procedure Act). The application of statutes is as follows:

1. Article 331(2), Article 331(1) (a) of the Criminal Act, Article 342, Article 331(2), and Article 331(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, and 54(1) (a)) of the Road Traffic Act, Article 151 of the Road Traffic Act, as regards the crime.

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