[사기등][집18(3)형,088]
It cannot be said that there is an error of law because several crimes prosecuted separately were not consolidated.
It cannot be said that there is an error of law because several crimes prosecuted separately were not consolidated.
Article 300 of the Criminal Procedure Act
Defendant
Seoul Criminal District Court Decision 70No2005 delivered on August 26, 1970, the Seoul Criminal District Court Decision 2005 delivered on August 26, 207
The appeal is dismissed.
The number of detention days after the appeal shall be included in the calculation of the original sentence.
The defendant's grounds of appeal are examined.
Even in a case where several crimes are committed for which judgment has not become final and conclusive, it is not necessary to conduct a consolidated trial unless it is judged at the same time, and therefore, it cannot be said that there is no illegality in the judgment that the forgery of the case and the theory of the lawsuit separately indicted was combined with the exercise of securities and the defendant's fraudulent case, and at the same time the judgment was not pronounced. Thus, there is no ground for appeal that the trial procedure of the court below disregarding the defendant's application for a consolidated trial is unlawful. In this case where the defendant was sentenced to a six-month punishment, in light of the provisions of Article 383 of the Criminal Procedure Act, the grounds for mistake of facts or in sentencing cannot be a legitimate ground for appeal, and therefore, the court below's decision is just to punish the defendant as to
Therefore, the appeal shall be dismissed by the assent of all participating judges, and 80 days of detention after the appeal shall be included in the principal sentence in accordance with Article 57 of the Criminal Code. It is so decided as per Disposition.
Judge Han-dong (Presiding Judge) of the Supreme Court