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(영문) 서울북부지방법원 2013.03.28 2013노210
특수절도등
Text

All the judgment below is reversed.

Defendant

A is punished by imprisonment with prison labor for two months, and Article 5-2 of the decision of the court below for the second and third crimes as stated in the judgment of the court below.

Reasons

1. The main points of the grounds for appeal are deemed to be too unreasonable.

2. Determination

A. As to the crimes of Articles 1, 2, and 3 in the decision of the court below (ex officio reversal), the applicable sentences of the crimes of Articles 2, 3, and 1, 2, and 3 in the decision of the court below by Defendant A and the judgment of the court below by Defendant B are punished by imprisonment with prison labor for not less than six months but not more than seven years and not more than six months (voluntary mitigation after the aggravation of concurrent crimes). The court below reversed ex officio on the grounds that the court below sentenced the Defendants to two months of imprisonment with prison labor for each of the above crimes beyond its scope. However, the court below's appeal against the Defendants only and the prosecutor's appeal without appeal, thereby maintaining the previous punishment in accordance with the principle

B. (1) As to the crimes Nos. 4, 5, and 6 in the judgment of the court below, the court below sentenced Defendant A to the punishment for the crimes No. 4, 5, and 6 in the judgment of the court below, and sentenced Defendant B to the punishment for the crimes No. 4, 5 in the judgment of the court below, but in full view of the crimes of the court below and the application of the laws and regulations

(c) the Commission;

No. 4, 5-A of the holding against Defendant B;

(b) Each error in the crime shall be deemed a clerical error;

(2) In full view of all the sentencing conditions as shown in the records and arguments of this case and the fact that the defendants are divided in depth, Defendant A agreed with the victim AG in the trial, and deposited for the victim P, each of the above punishments of the court below against the defendants are without merit, and the defendants' arguments are with merit.

3. In conclusion, each judgment of the court below against the Defendants on the crimes Nos. 1, 2, and 3 of the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below against the Defendants on the crimes Nos. 4, 5, and 6 of the judgment of the court below is justified, since there are grounds for appeal by the Defendants pursuant to Article 364 (2) of the Criminal Procedure Act.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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