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(영문) 서울고등법원 2013.11.08 2012노3284
강도등
Text

Of the first judgment and the second judgment, the first-B of the judgment.

Part concerning the crimes and each of the crimes of Articles 2 through 7 shall be respectively.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original sentence (the first instance court: the imprisonment of one year and six months, and the second instance court: the imprisonment of one year and six months: the imprisonment of six months with prison labor and the imprisonment of three years for the remaining crimes as indicated in the holding) is too unreasonable; and

2. Ex officio determination

A. A. A prosecutor Amendments to Bill of Indictment changed the name of the crime concerning the facts charged in the judgment of the court of first instance from “Robbery” to “public conflicts,” and changed the applicable provisions of law from “Article 333 of the Criminal Act to “Article 350(1) of the Criminal Act,” among the facts charged, “cash 300,000 won is deducted,” and the victim intending to restrain this, and booms the victim’s head, head, kne and flab, and flab by hand, so that the victim cannot resist against the victim. Considering the Defendant’s act, the Defendant took 300,000 won in cash from the victim, “The Defendant took 300,000 won in cash from the victim,” and the victim’s head and flab, kne and flab, and the victim and kel kel kel kel kel kel kn, which led to a change in the above judgment of the court below.”

B. Each of the above judgments of the court below, after completing a separate hearing on the defendant, sentenced each of the above judgments of the court below, and the defendant appealed all of the above judgment of the court below, and this court decided to hold a joint hearing on the above appeal case. The crime of the judgment of the court of first instance and the crime No. 1

B. Each of the crimes in Articles 2 and 7 shall be sentenced to a single sentence within the term of punishment subject to aggravated punishment in accordance with Article 38(1) of the Criminal Act, since all of the concurrent crimes in the former part of Article 37 of the Criminal Act are concurrent crimes. In this regard, the first and second parts of the judgment shall be sentenced to each of the above crimes.

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