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(영문) 부산지방법원 2018.05.10 2017노4284
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and two months, and a short term of one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court against the Defendant (No. 1: imprisonment for a short-term of August, 200, and No. 2: imprisonment for a long-term of August: a short-term of June, and a third-term of imprisonment: a short-term of February: a short-term of two months) is too unhued and unfair.

B. The second sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

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

The first or third judgment against the defendant was rendered, and the prosecutor filed an appeal against the second judgment against the defendant, and this court decided to hold concurrent hearings against the above third judgment. Since each crime of the first or third judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as it is, since the crime of the first or third judgment against the defendant is a concurrent crime under the former part of Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining each of the above grounds for reversal ex officio.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act on the crime, Article 329 of the choice of punishment (abundance), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (a driving without a license for an automobile), Article 347(1) of the Criminal Act (abundance) of the Punishment of Violence, etc. Act, Article 2(2)1 of the Punishment of Violences, Article 260(1) of the Criminal Act (abundance of joint violence) of the Criminal Act, Article 30 of the Criminal Act (abundance of Article 2017No4284 of the Busan District Court Decision 2018No269 of the Busan District Court) of the Criminal Act.

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