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(영문) 인천지방법원 2013.09.26 2013노1896
특수절도등
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 six months, and a short term of one year.

Reasons

1. The respective punishments (the first instance court: imprisonment with prison labor for a maximum of one year, the short of ten months and the second instance: imprisonment for a maximum of one year and two years, and the short of one year) sentenced by the second instance on the summary of the grounds for appeal are unreasonable;

2. Prior to the judgment on the grounds for appeal, the case of this court 2013No1896, which is the appeal case against the defendant, among the judgment of the court of first instance, and the case of this court 2013No2327, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes of the court 1 and the court 2013No2327, which is the appeal case against the judgment of the court of second instance, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to

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 ground that there is a ground for ex officio reversal as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence is the same as the corresponding column of the first and second original judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act, Articles 342 and 331 of the Criminal Act, and Article 319(1) of the Criminal Act, each of the following Articles, concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment, nature of the crime, and Article 50 (Aggravation of concurrent crimes with the punishment prescribed for special larceny of May 26, 2013), among concurrent crimes;

1. The reason for sentencing under Article 2 and Article 60(1) of the Juvenile Act is that a criminal defendant committed several special larcenys on several occasions without among persons despite having received juvenile protective disposition several times for the same kind of crime.

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