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(영문) 인천지방법원 2014.05.23 2014노726
특수절도등
Text

All judgment of the court below shall be reversed.

Defendant is punished by imprisonment with prison labor for six months and 1.

Reasons

1. The summary of the grounds for appeal is that the punishment sentenced by the court below to the defendant (the court below's judgment : 6 months of imprisonment with prison labor for the crime of Type 1 and 6 months of imprisonment for the remaining crimes and the judgment below 2: 6 months of imprisonment with prison labor and 150,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below Nos. 1 and 2. Since each of the remaining crimes except the crimes No. 1 of the judgment of the court below and each of the crimes of the court below No. 1 of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, among the judgment of the court below, the remainder except the unit No. 1 of the judgment of the court below

3. Although the defendant's judgment on the allegation of unfair sentencing as to the crime of this case as to the crime of this case No. 1 of the judgment of the court below is not unfair, the defendant recognized the crime of this case and reflects in depth and could have been tried simultaneously with the crime of this case, the defendant did not agree with the victim before the judgment of the court below, and the defendant did not have been subject to criminal punishment as to the crime of larceny before the crime of this case, and the defendant's character and behavior, environment, relationship with the victim, motive, means and result of the crime of this case, and all other circumstances which form the conditions for sentencing as to the argument of this case and the records, such as the circumstances after the crime of this case, it is recognized that the punishment of the court below against the defendant is somewhat unreasonable.

4. Accordingly, the judgment of the court below excluding the crime of Article 1-A of the decision of the court below among the judgment below under Article 364 (2) of the Criminal Procedure Act without examining the remaining grounds for reversal of unfair sentencing.

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