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(영문) 수원지방법원 2019.05.17 2019노154
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for larceny at the Suwon District Court on March 26, 2019 on April 3, 2019, and the above judgment became final and conclusive on April 3, 2019. Therefore, each crime of the judgment below against the defendant and the above larceny for which the judgment of the court below became final and conclusive on April 3, 2019 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity with the case where the judgment of the court below is concurrently rendered pursuant to Article 39

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows after hearing.

【Reason used in multi-level] The criminal facts and summary of the evidence and the criminal facts recognized by the court below are added to the first head of the crime of the court below, “Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Suwon District Court on March 26, 2019 and the above judgment became final and conclusive on April 3, 2019,” and except for addition of “the Defendant’s statement at the trial court at the trial court at the end of the evidence” as evidence for the criminal facts as stated in the judgment at the end of the evidence, it is identical to each corresponding column of the court below, and thus, it is cited in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of fraud), the choice of imprisonment with prison labor, and each of the penal laws.

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