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(영문) 창원지방법원 2016.09.08 2016노531 (1)
특수절도미수등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 1 year and 6 months) of the judgment of the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of each of the above appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 (the occupation of special larceny), 342, 331(2) and (1) (the occupation of attempted special larceny) of the Criminal Act concerning criminal facts, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were examined, and the defendant committed larceny repeatedly over 18 times for two months. In particular, the fact that the defendant committed larceny again only one month after he/she was released from prison by special larceny, etc. is an unfavorable sentencing ground, and the defendant is in conflict with the victim AD and AA at the lower court.

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