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(영문) 수원지방법원 2016.04.29 2016노1288
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

Where there are several crimes for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive, all of the crimes committed before such judgment becomes final and conclusive and crimes committed before such judgment are related to a group of concurrent crimes.

Therefore, in this case, punishment shall be imposed at the same time on each crime for which judgment has not been rendered under Article 39(1) of the Criminal Act, taking into consideration equity and equity (see Supreme Court Decision 2008Do209, Oct. 23, 2008). According to the records, ① the crime of aiding and abetting stolen that the defendant committed on or before December 201, 201, which was sentenced to imprisonment with prison labor for 2 years from May 10, 2012, which became final and conclusive on or before May 10, 2012 (No. 2012Da534, Jun. 2, 2006). ② The above judgment of the court below shall be deemed to have become final and conclusive on or before the date when the defendant was sentenced to imprisonment with prison labor for 20 years from 200 to 200,000,000 won, and each of the above judgment of the Seoul High Court (No. 206, 2016, supra).

In doing so, the court below shall consider only the above (1) criminal records as to each of the crimes in its judgment.

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