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(영문) 수원지방법원 2016.10.26 2016노3649
절도등
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.

The office of the Suwon District Prosecutors' Office;

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year, six months and two months of imprisonment, and one year and two months) is too unreasonable.

2. Before determining the grounds for appeal ex officio, this Court tried ex officio prior to the determination of the grounds for appeal for judgment of ex officio. This Court held that the appeal against the defendant against the first and second judgment of the court below was consolidated, and each of the concurrent trials of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and as to this, the court shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below

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, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347 (1) and Article 257 (1) of the Criminal Act concerning the choice of punishment, and Articles 342 and 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and Articles 3

1. Article 35 of the Criminal Act among repeated crimes (as to the crime of inflicting bodily injury on the market)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victims of this case is recognized and contradictory to each of the instant crimes. Some of the damaged items were returned to the victim, and the damage was partly recovered by the Defendant’s repayment of credit card payment. The judgment of the court below is limited to the victim K and the Defendant.

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