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(영문) 부산지방법원 2014.04.18 2013노3662
장물알선등
Text

Of the judgment of the first instance, the parts on Defendant A and the judgment of the second and third court shall be reversed in entirety.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (No. 1: imprisonment of 8 months, 2 months: imprisonment of 1 year and 6 months, and 3 months: imprisonment of 4 months) that the court below sentenced to Defendant A by each of the court below is unreasonable.

B. Defendant T third party’s imprisonment with prison labor for four months sentenced by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A ex officio, the case of this court 2013No3662, which is the appeal case against the judgment of the court of first instance, the case of this court 2013No3929, which is the appeal case against the judgment of the court of second instance, and the case of this court 2014No920, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings for the first instance. Since the respective crimes against Defendant A and the case of the judgment of the court of second instance among the judgment of the court below 1 and 3 are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the part concerning Defendant A among the judgment of the court of first and third, and the judgment of the court of second instance, which

However, there is a reason to reverse each of the above judgments ex officio.

Even if Defendant T’s assertion of unreasonable sentencing is still subject to the judgment of this court, this paper examines this issue.

3. It is recognized that Defendant T has a record of juvenile protective disposition and criminal punishment several times for the same crime prior to the instant crime, prior to the determination of the allegation of unfair sentencing of Defendant T.

However, the above defendant recognized the crime of this case for the first time in the trial, against his mistake, agreed with the victim X on behalf of the above defendant, there is a child to support the above defendant, and the crime of this case is in the relation of concurrent crimes with the crime of previous conviction in the judgment of the court below of the court below and the latter part of Article 37 of the Criminal Act, so it is necessary to maintain equity with the case where the defendant was tried concurrently with the crime of previous conviction in the judgment of the court below.

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