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(영문) 서울북부지방법원 2019.02.15 2018노1402
특수절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months in the first instance court, imprisonment with prison labor for 10 months in the second instance court, fine of 1 million won in the third instance court, and imprisonment with prison labor for 4 won in the fourth instance court) is too unreasonable.

2. Examination ex officio prior to determining the grounds for appeal by the defendant.

The judgment of the court below was sentenced to the defendant, and the defendant appealed, and the appeal case against the judgment of the court below was consolidated in the trial.

Since each crime of the judgment below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more.

3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and further decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the sum of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is 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, Article 347(1) of the Criminal Act (the acquisition of stolens, the choice of imprisonment, and the crime committed with B), Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the illegal use of credit card, the choice of imprisonment), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) and (2) of the Criminal Act, Article 362(1) of the Criminal Act, Article 362(1) of the Criminal Act (the acquisition of stolens, the choice of imprisonment), Article 347-2, and Article 30 of the Criminal Act (the selection of imprisonment)

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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