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(영문) 서울동부지방법원 2020.09.18 2020노406
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The punishment (one year and six months, and one year and one year, and one year) imposed by each of the original judgments in the summary of the grounds for appeal is too unreasonable.

2. This Court made ex officio judgments as an appeal against each judgment of the court below and tried both cases jointly. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of a punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, each of

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

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court are as follows. The second sentence of the judgment of the court below, except for the fact that "40 million won" in the second sentence of the judgment of the court of first instance is "40,000 won", and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 366 of the Criminal Act, Article 31 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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