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(영문) 대구지방법원 2019.08.29 2019노1644
특정범죄가중처벌등에관한법률위반(절도)
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

seizure.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation for two years, and imprisonment with prison labor for two years) of the lower court is too unreasonable.

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

In the case of appeal against the judgment below, the appeal case against the defendant was combined, and each of the offenses against the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be imposed within the scope of the punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted

3. The judgment below reversed all the judgment of the court below under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds that the above reasons for reversal of authority as seen earlier exist, and further decided as follows.

[Attachment 1] The summary of the facts constituting an offense and evidence recognized by the court below and the summary of the evidence are as follows: the "attached Table 1" of the facts constituting an offense in the judgment of the court of first instance shall be changed to "attached Table 1," and the "attached Table 2" of the facts constituting an offense in the judgment of the court of second instance shall be the same as the corresponding column of the judgment of the court below, and it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Since Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 35 of the Criminal Act regarding criminal facts are subject to aggravated punishment including “cases of punishing a repeated offender” as part of the elements of the crime, the aggravation of repeated crime is not separate.

(A) Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 35 of the Criminal Act (a crime of larceny, etc., committed at night after imprisonment with prison labor for not less than three times) and Article 35 of the Criminal Act.

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