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(영문) 제주지방법원 2018.07.19 2018노153
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (three years of imprisonment, one year of imprisonment) is too unreasonable. However, prior to the determination of the grounds for appeal above, the defendant filed each appeal against the court below, and the pleadings were combined in the trial proceedings at the court below. Each of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the crimes in the judgment of the court below are concurrent crimes under the former part of Article 38(1) of the Criminal Act, and one sentence should be imposed at the same time under Article 38(1) of the Criminal Act. In this regard, the judgment

Therefore, all the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and it is again decided after the pleading as follows.

Criminal facts

Since the main points of the judgment of the court below are the same as the corresponding columns of the judgment below, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Violation of the relevant Act and the Act on the Aggravated Punishment, etc. of Specific Crimes on January 7, 2017 and June 4, 2017: Violation of Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the fraud: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 347(1) of the Criminal Act: Comprehensively, embezzlement of Article 70(1)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (option of imprisonment): Article 355(1) of the Criminal Act (option of imprisonment): Violation of Article 35-2(2)3 and 44(1) of the Road Traffic Act (option of a person) (option of a person)

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