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(영문) 수원지방법원 2018.06.11 2018노2172

부정수표단속법위반

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. Reviewing the reasoning for ex officio appeal by the prosecutor, the record reveals that the Defendant was sentenced to eight months of imprisonment with prison labor by larceny, etc. at the Incheon District Court on November 20, 2012, and the above judgment became final and conclusive on November 28, 2012; on March 29, 2013, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor and five million won of fine at the Seoul Central District Court on June 14, 2013; on May 3, 2013, the above judgment became final and conclusive; on October 1, 2013, the Defendant was sentenced to two years of suspension of execution with prison labor for special larceny; on September 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor from the Seoul Central District Court on September 1, 2013 to a fine of six months; on September 14, 2013, the Defendant was sentenced to imprisonment with prison labor for each of the said crimes, which became final and conclusive on March 16, 216.

Upon receipt of the above judgment on May 31, 2018, it is recognized that the above judgment became final and conclusive. Each of the crimes of this case is not only the previous convictions in the judgment of the court below but also the crimes of this case, which became final and conclusive as above, and thus, in the latter concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after considering equity in the case of concurrent crimes at the same time, and examining whether to reduce or exempt punishment pursuant to Article 39(1) of the Criminal Act. In this regard,

3. In conclusion, the judgment of the court below is unfair since the above grounds for reversal exist.