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(영문) 전주지방법원 2015.11.27 2015노340
야간주거침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence (No. 1, 2, and 3: Imprisonment with prison labor for each of the judgments of the court below) declared by the court below is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and there was a decision on the consolidation of the Supreme Court and a decision on the consolidation of this court. The crimes of the court below 1, 2, and 3 against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below 1, 2, and 3 cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

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 330 of the Criminal Act, Article 329 of the Criminal Act, Article 331 (2) and Article 331 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Articles 352 and 347 (1) of the Criminal Act (the points of fraud, the choice of imprisonment), Articles 352 and 347 (1) of the Criminal Act (the points of attempted fraud, and the choice of imprisonment) concerning criminal facts;

1. Of concurrent offenders, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, shall be stolen by the Defendant entering the house where a female female mars live at night, and an amount equivalent to KRW 1.50,000 after entering the house where he became aware of the password in advance, and a vehicle door shall be opened with his accomplice and a credit card shall be stolen.

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