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(영문) 서울고등법원 2016.11.25 2016노1875
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six years of imprisonment) imposed by the lower court is too unreasonable.

B. The lower court’s sentence is too uneasible and unfair.

2. According to the evidence adopted and examined in the judgment of the court below ex officio, the defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court on August 25, 2016 and the judgment became final and conclusive on September 9, 2016. The defendant's crime and the crime of violation of the Act on the Control of Narcotics, etc. (fence) which became final and conclusive on September 9, 2016 are concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the crime of violation of the Act on the Control of Narcotics, etc. (fence) in accordance with the latter part of Article 39(

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is ruled as follows.

[Grounds for the judgment of multiple court] The summary of facts constituting an offense and evidence recognized by the court against the defendant and the summary of the evidence are as follows. The part of the judgment of the court below's "criminal facts" [criminal records] is revised to "the defendant was sentenced to eight months imprisonment with prison labor for a violation of the Immigration Control Act at the Seoul Central District Court on February 12, 2016 and the above judgment became final and conclusive on February 20, 2016. The above judgment was revised to "the above judgment became final and conclusive on September 9, 2016 after being sentenced to eight months for a violation of the Act on the Control of Narcotics, etc." on August 25, 2016 by the same court as above and sentenced to eight months for a violation of the Act on the Control of Narcotics, etc." The summary of evidence is identical to the corresponding column of the judgment of the court below, except for adding "the summary of evidence" to the judgment and the fixed date output.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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