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(영문) 창원지방법원 2017.10.11 2017노2231
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

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

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. We examine ex officio the grounds for each appeal prior to the judgment.

Since the statutory penalty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among each of the crimes in this case is imprisonment with prison labor for not less than two years but not more than 20 years, as long as the court below did not reduce the amount of the above crime, it cannot be sentenced to imprisonment with prison labor for not less than one year and six months as the court below did.

Nevertheless, since the court below imposed the above punishment on the defendant with the omission of the application of the law for reduction of amount, there is an error in the application of the law, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal for an improper appeal, and the judgment of the court below is reversed, and it is decided as follows through a new theory of change.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of larceny for repeated crimes), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act (the point of attempted special larceny for repeated crimes) concerning the crime, and Article 319 (1) of the Criminal Act (the point of intrusion upon a structure and the choice of imprisonment) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of sentencing recommended according to the sentencing criteria;

A. Type 1 (joint habitual theft and repeated theft) under the Specific Crimes Aggravated Punishment Act on the scope of punishment recommended: Basic area (one year to June 3 years);

B. The scope of final sentence due to the aggravation of multiple offenses:

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