사기등
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
The Court rendered a guilty verdict of fraud, partial damage to property, intrusion upon residence, partial obstruction of business, and insult among the facts charged against the Defendant, and sentenced to one aggravated punishment after adding the concurrent crimes. The Court rendered a not guilty verdict on the charge of larceny, other damage to property, and other interference with business (hereinafter “not guilty part of this case”).
This court affirmed the decision to commence a new trial on the ground that the entire decision subject to a new trial, including the remaining parts (part of the damage to property, intrusion upon residence, partial obstruction of business, and insult), which are concurrent crimes with the fraud in which there exists a cause for a new trial, becomes subject to the decision to commence a new trial (not rendering a decision to commence a new trial on the part of innocence in this case).
Where it is recognized that there are grounds for request for retrial only for a part of the facts constituting an offense among them in an indivisible final and conclusive judgment convicting several concurrent crimes, the decision to commence retrial has to be made on the whole of the judgments, since one sentence is imposed, and the decision to commence retrial is bound to be made on the whole of the judgments. However, as for the facts constituting an offense for which there is no grounds for retrial under the nature of the retrial system, which is an emergency remedy, the effect of the decision to commence retrial should be included in the judgment formally, the court of retrial cannot reverse the conviction by re-examination on that part. However, since the new sentencing should be imposed on that part, only the extent necessary for sentencing can be deliberated only.
(1) As to the part of the judgment subject to a retrial, part of the property damage, intrusion upon residence, partial obstruction of business, and insult is considered only to the extent necessary to newly determine the sentencing.
Punishment of the crime
1. The Defendant is guilty.