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(영문) 서울고등법원 2017.01.19 2016노2186

무고등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was aware that C was to inform C of a narcotic offender normally to the investigation agency, and was not aware of F’s personal information in collusion with C, etc., and did not infer F or in collusion with C, etc.

B. Legal reasoning that the Defendant was aware of the crime of C, etc.

Even if the defendant's act constitutes aiding and abetting the crime of C, etc. as easy.

(c)

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The rationale behind the latter part of Article 37 of the Criminal Act and the legislative purport of Article 39(1) of the same Act is that if the crime committed before the judgment became final and conclusive was known to the court, the crime was punished in accordance with the same method of concurrent crimes, and thus, it shall not be treated favorably or unfavorably solely on the ground that the crime was not known to the court.

According to the above, even if a case concerning a judgment of imprisonment without prison labor or a heavier punishment was committed while the court of final appeal is pending, if the judgment of imprisonment without prison labor or a heavier punishment became final and conclusive, the crime which became final and conclusive and the separate crime committed prior to such judgment shall be deemed to constitute concurrent crimes as prescribed in the latter part of

According to the records, the Defendant was sentenced to imprisonment on January 29, 2015 with prison labor for a violation of the Narcotics Control Act at the Suwon Franchi, and filed an appeal on April 3, 2015, but the appeal was dismissed on April 3, 2015, and the judgment became final and conclusive as it is, and the Defendant may recognize the fact that he committed the instant crime at the time when the said case was pending in the final appeal.

According to the above facts of recognition, each crime of the judgment of the court below against the defendant and the violation of the Act on the Management of Narcotics, etc., for which the judgment of the court below became final, are concurrent crimes of the latter part of Article 37 of the Criminal Code