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(영문) 대전지방법원 2015.01.29 2014노1703
특수절도등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and ten months, and a fine of thirty thousand won.

The defendant above.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment (the first judgment: the imprisonment of 1 year and 6 months, the fine of 300,000 won, the second judgment: the imprisonment of 3 months and 300,000 won: the imprisonment of 6 months and the fine of 300,000 won) that the court below sentenced against the defendant

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2014No1703, which is the appeal case against the judgment of the court of first instance, the case of this Court No. 2014No2424, which is the appeal case against the judgment of the court of second instance, and the case of appeal against the judgment of the court below No. 2014No24, which is the case of appeal against the judgment of the court of second instance, was consolidated in the procedure for oral argument. Each of the crimes of the court of first and third judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, it shall be sentenced to a single sentence within the extent that aggravating concurrent crimes under Article 38(1) of the Criminal Act

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 assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of multiple times】 Criminal facts and summary of evidence recognized by the court are the same as stated in each corresponding column of the judgment of the court below. Thus, all of the judgments 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) and (1) of the Criminal Act, each of the choice of punishment for the crime, Article 329 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 43 of the same Act, each of which is applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes (Special Theft, each of larceny);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Return;

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