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(영문) 서울고등법원 2020.06.12 2020노680
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant's appeal against the judgment of the court of first instance.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

A. Each sentence sentenced by the court below to the defendant 1 and 2 (the first instance court's imprisonment of 1 year and 6 months, and the second instance court's fine of 3 million won) is too unreasonable.

B. The Prosecutor’s second instance court’s sentence (a fine of three million won) imposed on the Defendant is too unhued and unreasonable.

2. Determination

A. The Defendant, upon the combination of pleadings, filed an appeal against the judgment of the court below against the second instance, and the court decided to hold the above two appeals together.

However, on July 5, 2019, the Defendant was sentenced to six months of imprisonment for habitual larceny at the Seoul Eastern District Court (2019No48), and filed an appeal against this, but the Supreme Court rendered a ruling dismissing the appeal on September 17, 2019 (2019Do1078) and the said Seoul East East District Court's ruling became final and conclusive.

Each crime of the judgment of the court below in Article 2 is a concurrent crime between the crime for which the above judgment becomes final and conclusive and the crime of the court below in Article 37 of the Criminal Act. Since each crime of the judgment of the court of first instance is a crime committed after the final and conclusive judgment, the crime of the court of first instance and the crime of the court of

Therefore, the judgment of the court below is not reversed ex officio on the ground of consolidation.

B. The first instance court decided on the Defendant’s assertion of unfair sentencing against the judgment of the first instance court regarding the Defendant’s allegation of unfair sentencing, taking into account (i) the Defendant’s punishment against the Defendant, and (ii) the Defendant committed the same kind of crime during the period of repeated crime, which is less than one month after completing the term of punishment even though he was sentenced not less than two times due to the same kind of crime; and (ii) favorable circumstances, the Defendant appears to have committed both crimes from the investigative agency to the first instance court; and (iii) the Defendant tried to reach an agreement with the victims and agreed with two victims.

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