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(영문) 부산지방법원 2018.04.27 2017노3659
특수절도
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

seizure from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for two years and confiscation, and imprisonment with prison labor for six months) imposed by the original court is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is decided through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2), 331(1), and 30 of the Criminal Act (Article 30 shall be limited to each special larceny: Article 8, 9, and 12 of the List of Crimes attached to the judgment of the court below) concerning the facts constituting an offense, and Articles 329 and 30 of the Criminal Act (Article 30 shall be limited to Section 8, 9, and 12) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: One year to 30 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Where he/she systematically shares the aggravated area (one month to two years) of the first crime (one special larceny) [the scope of recommendations] of the second type (the general larceny) of general property (one hundred months to two years] of the aggravated area (the special aggravated person] of the crime;

B. Second th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th.

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