사기등
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment for a period of one year and two months.
1. The lower court dismissed the application for compensation filed by B, an applicant for compensation against the Defendant, and pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the applicant for compensation failed to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
2. Summary of grounds for appeal;
A. The punishment (a year and two months of imprisonment) imposed by the court below on the defendant is too unreasonable.
B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.
3. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant and prosecutor.
According to the evidence duly adopted and examined by the lower court and the lower court, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Central District Court on August 30, 2018 and the judgment became final and conclusive on November 2, 2018 (hereinafter “final judgment 1”); and on August 30, 2018, the Seoul Central District Court sentenced the Defendant to one year and six months of imprisonment for fraud, etc. and became final and conclusive on November 9, 2018 (hereinafter “second final and conclusive judgment”).
Therefore, inasmuch as the crime of the lower judgment against the Defendant and the crime of the first and second final judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for the crime of the lower judgment should be imposed in consideration of the equity with the case where the judgment is concurrently rendered in accordance with the former part of Article 39(1) of
In this respect, the remainder of the judgment of the court below, excluding the dismissal of the application for compensation, cannot be maintained as it is.
4. As above, the remaining parts of the judgment of the court below, excluding the dismissed part of the application for compensation, are grounds for ex officio reversal. Accordingly, without examining the Defendant and the prosecutor’s assertion of unfair sentencing, Article 364(2) of the Criminal Procedure Act.