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(영문) 대구지방법원 2013.05.30 2013노52
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Each sentence (No. 1: Imprisonment with prison labor for 2 years and 4 months, confiscation, and fine of 5 million won: the court below's decision) which the court below made in the summary of the grounds for appeal is unreasonable because it is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 [22:25 June 10, 2012] of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims H and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to their accidents are imposed on crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to their accidents, and punishment on crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to their accidents, and between crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes

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