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(영문) 대전지방법원 2020.11.04 2020노1666
절도등
Text

All judgment of the court below shall be reversed.

The defendant's each intrusion upon the victim S, theft, and theft.

Reasons

1. The summary of the grounds for appeal (Article 1: 4 months of imprisonment with prison labor for the crimes of paragraphs 1 through 3-1(a) as stated in the judgment of the court below, and Article 3-2(b) of the judgment of the court below for the crimes of paragraphs 1 through 3-1(b) as stated in the judgment of the court below, and Article 2: 2 months of imprisonment with prison labor for each crime of paragraphs 1(1) as stated in the judgment of the court below, and Article 2(2) through

2. Prior to the judgment on the grounds for appeal ex officio, the health department, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and the court decided to hold concurrent hearings of the above two appeals cases, and ① to 3-A of the judgment of the court of first instance as to the defendant.

The crimes of each paragraph and each of the crimes of paragraph (1) of the judgment of the court below, and 2-B of the judgment of the court of first instance.

Since the crimes of paragraphs and the crimes of paragraphs 2 through 4 of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court of first and second instances cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's allegation of unfair sentencing, on the ground that there is a ground for reversal of the above position, and it is again decided as follows.

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the

Application of Statutes

1. Relevant Articles 319(1) and 319(1) of the Criminal Act (the points of intrusion upon residence), Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The crime of intrusion upon each residence of the victim S in the latter part of Article 37 and Article 39(1) of the Criminal Act, theft and theft.

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