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(영문) 부산지방법원 2015.01.08 2014노4038

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the records show that the Defendant, on March 27, 2014, was sentenced to a suspended sentence of two years on October 12, 2014, due to a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court, and that the judgment became final and conclusive on September 12, 2014. Since the instant crime was committed before the above judgment becomes final and conclusive, the instant crime was committed in a concurrent relationship between the said crime for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, a sentence should be determined after considering equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of

In this respect, the judgment of the court below is no longer maintained.

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

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are as follows: the first head of the facts charged, except for adding "the defendant was sentenced to two years of suspension of execution in October on March 27, 2014 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Busan District Court, and such judgment became final and conclusive September 12, 2014," and all of the judgment below are as stated in each corresponding column of the Criminal Procedure Act. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are as follows: (a) the defendant confessions the crime of this case and repents his mistake.