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(영문) 서울남부지방법원 2020.05.12 2019노1134
절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 to 2.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (the second judgment of the court below) by the court below (the imprisonment of 10 months and the confiscation) is too unreasonable.

B. The sentence of the court below (with respect to the judgment of the court of first instance), which held by the prosecutor (the imprisonment of eight months, the suspension of execution of three years, and the confiscation) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court below rendered a separate judgment on the crime of each judgment of the court below against the defendant, but the court below held concurrent trials and held hearings. Each crime is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. In this regard, each judgment of the court below is no longer maintained.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with

Application of Statutes

1. Relevant Article 329 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Code recognizes the defendant as a crime, but the defendant prepared for and repeatedly committed the crime, was sentenced to suspended sentence for the same kind of crime, and the defendant committed an additional crime several times even during the appellate trial, which was not agreed with the victims, and did not endeavor to recover from damage, and all the arguments of this case, including the defendant's age, character and behavior, environment, motive and means of the crime, and circumstances after the crime.

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