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(영문) 수원지방법원 2018.11.21 2018노5973

사기

Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for 4 months and 2 years as to the crime No. 1 of the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment with prison labor for crimes No. 1 and No. 2 as indicated in the lower judgment, and one year and three months of imprisonment with prison labor for crimes No. 3 as indicated in the lower judgment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

According to the records, the defendant was sentenced to a suspended sentence of six months on June 18, 200 to six months for a crime of violating the Road Traffic Act (LA) at the LAW LAGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGE.

In this regard, the first crime (the date of the crime, May 13, 2009) in the judgment of the court below is conducted before the final date of each judgment of the previous crimes (the date of the crime). As such, since the two crimes are conducted before the final date of each judgment of the previous crimes, the punishment shall be determined by taking into account the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act with the case of judgement at the same time, and the decision of the court below