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(영문) 수원지방법원 2018.04.16 2017노534

절도등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the facts that the defendant was sentenced to four months of imprisonment for each crime of fraud at the Cheongju District Court on February 7, 2017, and that the judgment became final and conclusive on February 15, 2017 are apparent in the record. Each of the crimes in the judgment of the court below against the defendant is in the concurrent relationship between each crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and as such, in accordance with Article 39(1) of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment is to be rendered at the same time, and thus, the judgment of the court below which did not take such measures cannot be maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is all criminal facts and summary of evidence. The judgment was finalized on February 15, 2017 after the Defendant was sentenced to four months of imprisonment for each of the crimes at the Cheongju District Court on February 7, 2017.

“A previous conviction in the judgment of 1.” at the end of the summary of the evidence, except for the addition of the text of the judgment (Cheongju District Court 2016 High Court 2016 High Court 1193 High Court ) and the case search, is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (Aggravatedity, Selection of Fines) and Article 347-2 of the Criminal Act (the occupation of fraud, such as computers and others, and Selection of Fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.