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(영문) 광주지방법원 2015.10.22 2015노2182
절도미수등
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for six months) is too unreasonable.

B. The Prosecutor’s sentence (the second instance judgment: one year of imprisonment, three years of suspended execution, and probation) of the lower court is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is clear that, in full view of the facts and records of the second instance judgment’s judgment that corrected “O” as “C” on the third page of the gist of the evidence of the second instance judgment, it is obvious that it is a clerical error of the victim C under paragraph (1) of the crime. Except as otherwise stated in the lower judgment, it is identical to each corresponding column of the lower judgment, and thus, it is acceptable under

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act, the choice of punishment for the crime, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code aggravated concurrent crimes are divided and reflected by the defendant, and the victim K, G, E, C, and I agree with the defendant.

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