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(영문) 의정부지방법원 2020.09.25 2020노1039
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

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

According to the records of this case, the defendant was sentenced to eight months of imprisonment for a crime of fraud at the Jung-gu District Court on November 19, 2019, and the above judgment was dismissed and confirmed on June 12, 2020. [This case's crime of this case is determined in consideration of equity between the above crime of fraud for which judgment becomes final and conclusive and the latter part of Article 37 of the Criminal Act in relation to concurrent crimes under Article 39 (1) of the Criminal Act, so the judgment of the court below cannot be maintained any more.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[C] The summary of the facts constituting a crime and the evidence admitted by this court is added to the first head of the judgment of the court below to "the defendant was sentenced to eight months of imprisonment for a crime by a district court on November 19, 2019, and the above judgment became final and conclusive on June 12, 2020," and all of the judgment below are the same as each corresponding column of the judgment of the court below, since it is identical to the addition of "the final and conclusive judgment against the defendant" as evidence for a criminal record as stated in the summary of the evidence as stated in the summary of the evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes each of the instant cases.

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