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(영문) 서울북부지방법원 2014.02.20 2014노21
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In full view of the records of the instant judgment and all the sentencing conditions shown in the pleadings, the lower court’s punishment is unreasonable, and the Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of stolen card), Article 257(1) of the Criminal Act, Article 257(2) and (1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, and Article 70(1) of the Specialized Credit Finance Business Act shall be punished by imprisonment with prison labor,

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

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