beta
(영문) 창원지방법원 2017.08.09 2017노613

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the evidence submitted by the prosecutor, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Narcotics Control Act in the branch court of the Changwon District Court on November 26, 2015, and the judgment became final and conclusive on December 4, 2015, and was sentenced to six months for a crime of violation of the Narcotics Control Act in the branch court of the Changwon District Court on August 23, 2016, and was sentenced to six months for a crime of violation of the Act on the Control of Narcotics in the branch court of the Changwon District Court on December 23, 2016, and the judgment became final and conclusive around that time after being sentenced to the dismissal of appeal on December 8, 2016.

Therefore, the crime of this case committed prior to the day when the above judgment became final and conclusive shall be sentenced in consideration of equity with the case where the above crimes are concurrently adjudicated pursuant to Article 39(1) of the Criminal Act in relation to the crime of this case and the crime of single concurrent crimes after Article 37 of the Criminal Act.

In doing so, the court below omitted the above previous conviction in its decision, and it is difficult to find any circumstances taking into account the sentencing. Thus, the court below erred by misapprehending the legal principles on concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected the conclusion of the judgment.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by the court in question was sentenced to a suspended sentence of two years in October and December 4, 2015 on the first head of the facts constituting a crime in the judgment of the court below. < Amended by Act No. 1358, Nov. 26, 2015; Act No. 13582, Dec. 4, 2015>

“Additionally,” and the summary of the evidence is written in each corresponding column of the judgment of the court below, except for adding “investigation Report (Attachment of Judgment, etc.)” and “Inquiry into criminal history.”