beta
(영문) 의정부지방법원 2013.04.12 2012노2586

사기

Text

The judgment of the court below is reversed.

Imprisonment with prison labor for the crime No. 2 and No. 3 of the judgment of the defendant against the crime No. 1 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for 2 months, and the second and third crimes: imprisonment with prison labor for 10 months) declared by the court below is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, the lower court, ex officio, examined the Defendant’s argument of unfair sentencing. On October 21, 201, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of fraud at the Jung-gu District Court Goyang branch on March 30, 201, and the judgment became final and conclusive on March 30, 2012, and held that the crime of fraud and the crime of Type 1 in the said judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act (it is not clear in the reasoning of the lower judgment, but the lower court stated the previous criminal records in the preceding part of the judgment. Considering this, it is reasonable to view that the first crime in the judgment was committed in the relationship between the crime of fraud for which the said judgment became final and the latter part of Article 37 of the Criminal Act, and that the Defendant did not have any influence on the judgment of the lower court on September 10, 2010 by misapprehending the legal principles as to the crime of fraud and Article 1 of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's above assertion of unfair sentencing.