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(영문) 수원지방법원 2013.10.24 2013노1558
장물보관등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The seized premium overlaps with 3.0

Reasons

1. Defendant in the grounds of appeal: The sentencing of the first and second judgment (one year of imprisonment with prison labor of the first and two years of suspended execution with prison labor of the second judgment) is too unreasonable.

Prosecutor: The sentencing of the judgment of the court below of the second instance is too uncomfortable.

2. Prior to the judgment on the defendant's assertion of ex officio, the first and second court sentenced the defendant to the former one year of imprisonment with prison labor and the latter two years of suspended execution with prison labor for the latter two years of imprisonment with prison labor for each of the above judgments, and the defendant filed an appeal against the second court, and the court of the first and second court decided to concurrently deliberate on the above two appeals cases. The first and second court's offenses against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the defendant is not reversed.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the ground of ex officio reversal, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court of first and second Korea, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 362 (1) of the Criminal Act (the point of keeping stolens, the choice of imprisonment), Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 225 of the Criminal Act (the point of altering official documents), Articles 229 and 225 of the Criminal Act (the point of exercising altered official documents) of the choice of criminal facts;

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

1. The defendant with reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act shall be the victim I.

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