(영문) 부산지방법원 2020.08.27 2020노1886 | 리걸엔진

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(영문) 부산지방법원 2020.08.27 2020노1886

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment below

All of the convictions and innocences shall be reversed.

A defendant shall be punished by imprisonment for three years.

seizure.

Reasons

1. Of the facts charged, the lower court rendered a judgment dismissing the prosecution, and rendered a judgment of not guilty in regard to the charge as set forth in paragraphs (2) and (9) of the attached Table No. 8 and (2) of the crime sight table (2) as indicated in the judgment of the lower court, and convicted the remainder of the charges.

The defendant appealed only to the guilty part, and the prosecutor appealed only to the guilty part and the not guilty part, so the dismissed part was separated and finalized as the appeal period expires, and excluded from the scope of the trial of the party.

2. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment, confiscation) is too unreasonable.

B. According to prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part), H cards listed in this part of the facts charged are merely a clerical error in the FI Postal Card. Nevertheless, the lower court rendered a not-guilty verdict on this part of the facts charged on the grounds that there is no supporting evidence in the confession of the Defendant. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment, and confiscation) is too un

3. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the date of the first trial of the court of first instance, and the prosecutor applied for the amendment of the indictment with the “h card of the Z” in the column of “afford B” in Article 10(10) of the indictment No. 10 of the crime sight table of the court of first instance. The subject of the judgment was changed by this court’s permission. Each of the crimes committed by the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the guilty part and the acquittal part of the court below cannot be maintained.

4. If so, the judgment of the court below is guilty.

참조조문

-형법 제38조 제1항

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