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(영문) 서울북부지방법원 2015.08.13 2015노854

사기등

Text

The judgment of the court below is reversed.

Articles 1-1 (1) through (4), 2-1 (1) and 2-2 (1) of the "2015 Highest 868" as the judgment of the court below.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below on November 29, 2013, the defendant was sentenced to imprisonment for 8 months with prison labor at the Seoul Northern District Court on the grounds of fraud, etc. on November 24, 2014. As such, the above facts are acknowledged that the judgment has become final and conclusive on January 24, 2014. Since each of the crimes of Articles 1-1 through 4, 2-1, 2-2 (1), and 37 (2) of the Criminal Act is a concurrent crime under the latter part of Article 39 (1) of the Criminal Act, each of the crimes of Articles 39 (1) of the Criminal Act should be sentenced separately pursuant to the first sentence of Article 37 of the Criminal Act, and as such, each of the crimes of Articles 1-1 through 4, 22-1, 28-2, 381 through 25-2, 2081 of the Criminal Act has no further effect on each of the above crimes.

3. Accordingly, 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 the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is "1. A of the summary of the evidence of the judgment of the court below".