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(영문) 부산지방법원 2013.07.25 2013노1527
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. According to the “Conet case search,” which was adopted and investigated ex officio before the judgment on the Defendant’s assertion of unfair sentencing by authority, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant’s imprisonment with prison labor on November 30, 2012 in Busan District Court Decision 2012 Godan5810, etc., and confirmed as is on June 12, 2013, which was after the judgment of the lower court was rendered. Since each of the instant crimes constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the crimes for which the said judgment became final and conclusive, each of the instant crimes constitutes concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and thus, the sentence is determined in consideration of equity with each of the crimes for which the said judgment became final and conclusive under Article 39(1) of the Criminal Act

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the first head of the judgment of the court below is as follows: “The facts charged and the summary of the evidence were terminated” was changed to “the judgment was finalized on November 30, 2012, sentenced to one year of imprisonment to the Busan District Court 2012 Godan5810 Fraud, etc., which became final and conclusive on June 12, 2013.” The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding “the Defendant’s trial statement” and “conetnet case search.”

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. Article 35 of the Criminal Act among repeated crimes;

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

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