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(영문) 대전지방법원 2017.08.17 2017노1645
사기
Text

The judgment below

The part concerning the crime of paragraph 1 to 9 of the attached list of crimes of 2017, the top 502, the second 502.

Reasons

1. The summary of the grounds for appeal that the court below's decision is unfair as follows: (a) the punishment imposed by the court below [the punishment No. 1 to 9 (the crime No. 1) attached to the List of Offenses 1 to 502 [Attachment 2017 Highest 502]: Imprisonment with prison labor for two months; (b) year of suspended execution; and (c) the attached Table No. 10 to 19 (1) attached to the List of Offenses 2017 Highest 502 [the crime No. 2]; (b) the attached Table No. 10 to 2017 Highest 578; and (c) the crime No. 679 [the crime No. 2] which is too unreasonable. .

2. Determination

A. We examine the crime No. 1 in this case ex officio prior to the judgment on the Defendant’s wrongful argument in sentencing.

1) In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime not yet adjudicated could not be judged concurrently with a crime for which judgment became final and conclusive, the concurrent crime relationship after Article 37 of the Criminal Act cannot be established, and the sentence may not be imposed, or mitigated or exempted in consideration of equity and equity (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to the evidence duly adopted and examined by the lower court, the Defendant was sentenced by the Incheon District Court on July 22, 2016 to a one-year suspended sentence, and the judgment became final and conclusive on July 30, 2016 (hereinafter referred to as “final judgment”), and each crime constitutes a final and conclusive judgment on December 26, 2016, which became final and conclusive on July 1, 2016 (hereinafter referred to as “final and conclusive judgment”).

Nevertheless, the court below committed the second final judgment in accordance with Article 39(1) of the Criminal Act against the first final judgment after the date of final judgment.

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