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(영문) 서울북부지방법원 2018.05.25 2018노569

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Northern District Court on December 14, 2017 and the said judgment became final and conclusive on March 24, 2018.

Therefore, each of the instant frauds, which was committed before the judgment became final and conclusive, and the said frauds, etc., for which judgment became final and conclusive, are in a concurrent crime relationship with the latter part of Article 37 of the Criminal Act, and the latter part of Article 37 of the Criminal Act is required to be applied, but the court below erred in

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

[Grounds for the judgment in Seoul Northern District Court’s judgment] The summary of the facts constituting a crime and the evidence admitted by this Court is the first head of the lower judgment’s criminal facts and the summary of the evidence. The Defendant was detained in the Seoul Northern District Court on November 2, 2017 and appealed on December 14, 2017 by a three-year imprisonment with prison labor for a crime of fraud, etc., but the appeal was dismissed on March 16, 2018.

“The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Northern District Court on December 14, 2017, and the said judgment became final and conclusive on March 24, 2018.

“Before the judgment,” the summary of the evidence was written in the column “before the end of the judgment,” and the phrase “before the end of the evidence was added to the Seoul Northern District Court Decision 2017 High Court Decision 2017 High Court Decision 4662, 2018No. 21, and the summary of the KICS case.” As such, it is identical to the description of each corresponding column of the judgment below. Accordingly, it is cited by Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The Criminal Act dealing with concurrent crimes.