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(영문) 춘천지방법원 강릉지원 2017.12.07 2017노239
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below (the first instance court: imprisonment with prison labor for a year and six months, and second instance: imprisonment with prison labor for a period of four months) is too unreasonable.

2. Ex officio determination

A. The consolidated defendant filed an appeal against the judgment of the court below and decided to concurrently examine the appeal case against the judgment of the court below. Since each crime of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained.

B. The prosecutor of the Amendments to the Bill of Indictment applied the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331(1), 330, and 342 of the Criminal Act). “Article 331(1), 330, and 342 of the Criminal Act” applied the Act on the Aggravated Punishment, etc. of Specific Crimes in the first instance trial, and applied for the amendment to the Bill of Indictment as stated in the column for criminal history following the indictment. This court permitted the amendment.

The judgment of the first instance can no longer be maintained in this respect.

3. The court below's conclusion is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts charged by this court and the evidence related to the facts charged in the first instance judgment is as follows. The summary of the facts charged in the first instance judgment is as follows, and the facts charged in the second 13 of the first instance judgment is as follows, and the second 13 of the said judgment is as CA "," and the fifth 6 of the said judgment as 'AS' is as 'BJ', and it is identical to the corresponding column of each judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

(2) On February 11, 2015, the defendant was sentenced to imprisonment with prison labor for at least one year from the beginning branch of the Chuncheon District Court on February 11, 2015, for the purpose of larceny against ships at night.

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