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(영문) 서울남부지방법원 2016.06.10 2014노2241

사기

Text

The judgment of the court below is reversed.

Fines 1,000 for the crime No. 3359 of 2013, which is the defendant's judgment, is the 1,000.

Reasons

1. Summary of grounds for appeal;

A. Of the case No. 2013, No. 3359, Dec. 2, 2009, the lower court found the Defendant guilty of this part of the facts charged, even though it was not related to the above case that occurred in Seoul, since the Defendant was living and living in the Cheongju-si, the Defendant was guilty of this part of the facts charged.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Ex officio determination

A. According to the judgment on the grounds for appeal by the Defendant’s appeal ex officio, the Defendant was sentenced to one year after having been sentenced to imprisonment on April 21, 2007 by the Seoul Western District Court on April 13, 2007 due to a violation of the Narcotics Control Act (fence), etc., and the judgment became final and conclusive on April 21, 2007. Accordingly, according to the facts of the crime of No. 2013 and No. 3359 of the judgment of the lower court, each of the crimes of No. 2013 and No. 3359 of the instant case are divided into two crimes before and after the above final and conclusive judgment

Therefore, even though each punishment should be separately determined and sentenced, the court below omitted it.

B. In addition, the lower court also held that all of the instant crimes were concurrent crimes of violation of the Act on the Control of Narcotics, Etc., for which judgment was rendered on March 24, 2014, and the latter part of Article 37 of the Criminal Act.

The latter part of Article 37 of the Criminal Act provides that Article 39(1) shall apply to this, but as seen earlier, since the crime under Article 2013 and Article 359 of the Criminal Act No. 3359 of the original judgment and the crime of violation of the Act on the Control of Narcotics, Etc., which became final and conclusive on March 24, 2014 cannot be judged at the same time, a concurrent crime by the latter part of Article 37 of the Criminal Act cannot be established (the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive on March 24, 2014, becomes a crime between the police officers from February 17, 2007 to January 201, 209, which was final and conclusive on April 21, 2007, and the crime under Article 3359(1) of the Criminal Act cannot be established.