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(영문) 인천지방법원 2014.12.12 2014노3584
야간주거침입절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. According to the judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by the court below, the defendant was sentenced to two months of imprisonment for fraud at the Incheon District Court on October 31, 2014, and the above judgment became final and conclusive on November 8, 2014. Since fraud and each of the of the of the of the of the of the crimes in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence related to the facts charged in the judgment below became final and conclusive on November 8, 2014, by having been sentenced to two months of imprisonment at the Incheon District Court for fraud on October 31, 2014.

In addition, "1..............." is added to the summary of the evidence, except for the case "1.........., the corresponding column of the judgment of the court below is the same as that of the judgment of the court below."

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 342 and 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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