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(영문) 수원지방법원 2015.03.20 2014노88

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 1,200,000) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Seoul Northern District Court on September 4, 2014, sentenced to imprisonment with prison labor for eight months on the grounds of violation of the Punishment of Violences, etc. Act (joint assault), and sentenced to imprisonment with prison labor for two years on September 12, 2014, and the judgment became final and conclusive on September 12, 2014. As such, the crime for which the judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and each of the crimes of this case are determined by the sentence after considering equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to a two-year suspended sentence of imprisonment for the crime of violation of the Punishment of Violences, etc. Act at the Seoul Northern District Court on September 4, 2014 and the judgment became final and conclusive on September 12, 2014" in the first head of the facts charged in the judgment of the court below, and except for the addition of "1............................. the court's judgment" in the last head of the judgment of the court below as stated in each corresponding part of the judgment of the court below, since it is the same as the statement in each corresponding part of the judgment of the court below.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.