배임등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, observation of protection, and 120 hours of community service) is too unreasonable.
2. "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" in an ex officio judgment falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes and a crime for which judgment has become final and conclusive under Article 39(1) of the Criminal Act shall be sentenced in consideration of equity in
Meanwhile, in light of the latter part of Article 37 and the legislative purport of Article 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive could not be judged concurrently with the crime for which judgment has already become final and conclusive, the sentence of punishment shall not be imposed, or the sentence shall not be mitigated or exempted, taking into consideration equity and equity (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). According to the records of this case, the Defendant was sentenced to two years of suspended sentence for 8 months as a crime of fraud from Suwon Flag on November 30, 2012 to 20 years of suspended sentence for 20 months (hereinafter referred to as “one judgment”), and the Defendant was sentenced to imprisonment with prison labor for 20 months and 20 months prior to the suspended sentence for securities and 20 years prior to the date of imprisonment with prison labor for 214 months (hereinafter referred to as “this judgment”).
With respect to each crime of the judgment below, the court below sentenced a sentence in consideration of equity and the case of a judgment at the same time with each crime of the judgment No. 2 which became final and conclusive pursuant to Article 39(1) of the Criminal Act.
However, each crime (the date and time of the crime: the period from December 16, 2013 to December 10, 2014) in the judgment of the court below is a crime committed after the final and conclusive date of the judgment of the court of first instance ( December 8, 2012) and the date and time of each crime in the judgment of the court of second.