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(영문) 수원지방법원 2020.06.19 2019노7198
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The defendant asserts that the defendant's imprisonment with prison labor (two years of imprisonment) of the first instance judgment (two years of imprisonment with prison labor) against the summary of the grounds for appeal (unfair punishment) is too unreasonable, and the defendant's imprisonment with prison labor (four months of imprisonment) of the second instance judgment is too unreasonable, and the prosecutor is too unfied and unfair.

2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation. Since each of the above judgments constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for unfair sentencing by both parties, and the following judgment is rendered through pleadings.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of fraud, the point of imprisonment with labor), Article 70 (1) 3 of the Specialized Credit Finance Business Act (the point of using stolen credit cards, and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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