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(영문) 창원지방법원 2017.09.28 2017노1336

사기등

Text

The entire judgment of the court below of first instance and the part against Defendant A in the judgment of second instance shall be reversed.

Defendant A.

Reasons

1. Summary of grounds for appeal;

A. The Defendants: The respective sentences of the lower judgment (the Defendants were sentenced to the first instance judgment, the second instance judgment, each of whom was sentenced to the imprisonment of eight months, and the second instance: imprisonment of eight months, and the completion of the sexual assault treatment program (Defendant A) of forty hours, are too unreasonable.

B. Prosecutor: Each sentence of the lower judgment is too uneasible and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A. According to the records, the Defendants were indicted for fraud, etc. separate from the instant case, and sentenced to a suspended sentence of two years for each of six months in the Changwon District Court was sentenced to imprisonment with labor for each of the six months in the Changwon District Court Msan Branch on February 7, 2017 and the said judgment became final and conclusive on February 15, 2017 after the lapse of the appeal period.

Although each of the crimes listed in the judgment of the first instance court against the Defendants, among the crimes listed in the judgment against the Defendants, first instance crimes (the date of the crime: February 13, 2017), for which only the judgment became final and conclusive, and the crime of fraud, etc., and second and third crimes (the date of the crime: February 19, 2017) are concurrent crimes, the lower court cannot maintain the entirety of the lower judgment on the grounds that all of the crimes, including the first crimes, second and third crimes (the date of the crime: February 19, 2017) are concurrent crimes under Article 37 of the Criminal Act, under the premise that all of the crimes, including the second and third crimes (the date of the crime, February 1, 2017),

B. In addition, the defendant A and the prosecutor filed an appeal against the above defendant among the judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases.

The crimes of Articles 1 and 2 in the judgment of the first instance court are all committed with the above crimes of fraud, etc. for which judgment becomes final and conclusive, and the crimes of Articles 37 and 3 in the former part of Article 37 of the Criminal Act, which are related to the concurrent crimes. Since the crimes of Articles 2 and 3 in the judgment of the first instance court are related to the concurrent crimes under the former part of Article 37 of the Criminal Act, two punishments should be sentenced. Thus, the part of the judgment of the court below that sentenced one punishment cannot be maintained any more.

3. Thus, the judgment of the court below of first instance and the judgment of the court below of second instance.

참조조문