logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.08.09 2016노4718
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant 2’s original judgment is too unreasonable.

B. The sentencing of the first original decision of the Prosecutor’s 1 is too uncomfortable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The first and second court sentenced the defendant to a separate trial by the Gwangju District Court 2016 High Court 464 High Court 2016 High Court 2016 High Court 589, respectively, and sentenced the defendant to a punishment for each punishment. The first court's judgment against the defendant, the prosecutor filed each appeal against the second court, and this court decided to hold a joint trial by combining the above appeal cases. The first and second court's judgment against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 347 of the Criminal Act, Article 347(1)3 of the Criminal Act, Article 70(1)3 of the Act on Specialized Financial Business for Credit, and Article 70(1)3 of the Act (the use of stolen debit cards), larceny, fraud, and violation of the Act on Specialized Financial Business for Credit, shall be punished by imprisonment, respectively;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

arrow