logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.07.09 2015노210
강도등
Text

All of the original judgment and the second original judgment shall be reversed.

Two years of imprisonment.

Reasons

1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 2 years and the second judgment: imprisonment with prison labor for 1 year) declared by the court below is too unreasonable.

2. Ex officio determination of this court conducted a joint hearing of each appeal case against the defendant among the judgment of the first instance and the judgment of the second instance, and each of the offenses as stated in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and the punishment shall be imposed with a single sentence within the scope of the term of punishment, which increased concurrent offenses pursuant to Article 38(1)

Therefore, all of the judgment of the court below can not escape from reversal.

3. If so, the part concerning the defendant among the first and second and the second and subsequent judgments are reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing on the grounds of ex officio reversal. The above part shall be reversed, and it is again decided as follows.

[New reasoning for the judgment of this court] The summary of facts constituting an offense and evidence acknowledged by this court is identical to each corresponding column of each judgment of the court below, except that the court below's 20th 20 " June 19, 2014" in the second 20th 20 part of the judgment of the court of the court of the court of the court of the court of the court of the court of the second 20th sees it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 350(1) of the Criminal Act, Article 333 of the Criminal Act, Article 260(1) of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 331(2) and 331(1) of the Criminal Act, Article 2 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350 of the Criminal Act, Article 350(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 152 of the Road Traffic Act, Article 331(2) and 43 of the Criminal Act, Article 331(1) of the Punishment of Violences, etc., Article 350 of the Criminal Act, Article 350(1) of the Criminal Act, Article 350 of the Criminal Act, each of the Criminal Act.

arrow