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(영문) 수원지방법원 2018.07.12 2018노3161

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable.

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

According to the records and the results of the instant search, the Defendant was sentenced to a suspended sentence of two years on September 1, 2015, in addition to the previous conviction based on the final judgment stated in the part regarding the “criminal records” of the first page of the lower judgment, and the Defendant was sentenced to a suspended sentence of two years on September 1, 2015, and the said judgment became final and conclusive on May 28, 2016. On February 8, 2018, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment with prison labor for the same crime from the Suwon Friwon Friwon Friwon Friwon to the same crime, and the said judgment became final and conclusive on February 20, 2018. As such, each of the instant fraud of this case is in a concurrent relationship between each of the criminal crimes for which the judgment became final and the latter part of Article 37 of the Criminal Act, and thus, the lower judgment was reversed in this respect.

3. Thus, 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 unfair argument of sentencing, and the judgment below is again determined as follows, after pleading, since there is a ground for reversal ex officio.

[Grounds for a new judgment] The facts constituting a crime and the summary of evidence recognized by the court and the summary of evidence are as follows. Under the first page of the judgment of the court below, the defendant was sentenced to imprisonment with labor for one year for fraud in the assistance of Suwon Friwon, which was rendered on June 9, 2017, and the above judgment became final and conclusive on December 4, 2017.

“The Defendant was sentenced to a suspended sentence of two years on September 1, 2015, with prison labor for six months for fraud in the support of Suwon Friwon, and the judgment became final and conclusive on May 28, 2016. On June 9, 2017, the same court was sentenced to imprisonment with prison labor for the same offense in the same court, and the judgment became final and conclusive on December 5, 2017. The judgment of the court below is the person on whom the judgment became final and conclusive on December 4, 2017.