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(영문) 부산지방법원 2016.04.28 2016노471
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for ten months and by a fine of six hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The defendant (except for the violation of the Punishment of Minor Offenses Act)'s punishment of 1 year and 2 months is too unfair, because the court below's punishment of imprisonment with prison labor for the remaining part of the violation except for the violation of the Punishment of Minor Offenses Act is too unreasonable.

B. The sentence of one year and two months of imprisonment and fine of 600,000 won against the Defendant by the Prosecutor is too unfilled and unfair.

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

According to the records, each criminal facts of the judgment of the court below against the defendant do not constitute a crime committed during the period of repeated crime, since they were sentenced to imprisonment without prison labor or a heavier punishment and were not committed within three years after the execution is completed or exempted.

Nevertheless, in applying the statutes, the lower court, inasmuch as the lower court aggravated repeated crimes for all of the above criminal facts and determined the sentence against the Defendant, making it impossible for the lower court to maintain any further in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of punishment (the point of concealment of property, the selection of imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation of punishment in the official document, the selection of fines), Article 350(1) of the Criminal Act (the point of conflict, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult), Article 311 of the Criminal Act (the selection of punishment);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Attraction of a workhouse;

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