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(영문) 인천지방법원 2014.05.16 2013노3479
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

the KB National Card, seized.

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (one year and six months, and the second instance court: imprisonment with prison labor for the first instance court) is too unreasonable.

B. A prosecutor 1) misunderstanding of the legal principles (as to the judgment of the third court), while the case of the Incheon District Court 2013 High Court 2013 High Court 1343 (as to the judgment of the third court) was prosecuted earlier than the case of the 2013 High Court 6746 (the first instance court of the Incheon District Court), the judgment of the third court that dismissed the prosecution of the case of the 2013 High Court 13 High Court 2013 High Court 1343 (the first instance court of the Incheon District Court), there is an error of law by misapprehending the legal principles as to double indictment. 2) The judgment of the court of unfair sentencing (as to the judgment of the

2. In a case where the same case as a judgment on the prosecutor's assertion of misapprehension of the legal principles is prosecuted twice with the same court, a judgment dismissing the prosecution shall be pronounced pursuant to Article 327 subparagraph 3 of the Criminal Procedure Act. According to the records, the defendant was indicted on January 31, 2013 as a summary order of KRW 1.5 million and was issued on January 31, 2013 as the facts charged in the judgment of the court of the judgment of the court of the judgment of the court of the court below, and thereafter, the judgment was pending at the Incheon District Court Branch of 2013Ra1343 upon the defendant's application for recovery of the defendant's right to request formal trial, and among them, the defendant was detained on October 29, 2013 as the facts charged in the judgment of the court of the court of the first instance and was sentenced on November 14, 2013 as the judgment of the court of the court of the court of the court of the judgment of the Incheon District Court. In light of these facts, the judgment of the judgment of the court of the court below was dismissed.

3. The defendant, ex officio, filed an appeal against the judgment of the court of first and second instances, and the prosecutor appealeded against each of the judgment of the court of third instances, and the court of the first instance decided to concurrently examine each of the above appeal cases.

b) the Commission;

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