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(영문) 대구고등법원 2018.03.29 2017노562
현존건조물방화예비등
Text

The judgment of the court below is reversed.

As to the crimes of No. 1 and No. 2 in the judgment of the defendant, the crimes of No. 3 in the judgment shall be punished by imprisonment with prison labor for one year and six months.

Reasons

The summary of the grounds for appeal (unfair sentencing) the sentence sentenced by the lower court (two years of imprisonment) is too unreasonable.

The above-mentioned sentence sentenced by the court below by the prosecutor is too uneasible and unfair.

Where several crimes for which judgment has not yet been rendered become final and conclusive are committed before and after the final and conclusive judgment, a sentence shall be separately determined and sentenced for each of the crimes committed before and after the final and conclusive judgment (see, e.g., Supreme Court Decisions 2014Do469, Mar. 27, 2014; 70Do2271, Dec. 22, 1970). According to the records of the final and conclusive judgment against the Defendant, the following final and conclusive judgments may exist against the Defendant.

On October 16, 2013, the Defendant was sentenced to a suspended sentence of two years in October, 2013 due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) in the Incheon District Court (dacting 3871 case). The Defendant was sentenced to a suspended sentence of two years in October, 2013, and the judgment was finalized on October 24, 2013.

The date of the crime in the above judgment is June 24, 2013.

In the final judgment of 2: (a) on January 11, 2017, the Defendant was sentenced to imprisonment with prison labor for a special injury at the Yeongdeungpo District Court, Daegu District Court (2016 High Court Decision 249, 2016 High Court Decision) and was sentenced to imprisonment with prison labor at the Incheon District Court (2016 High Court Decision 4038, 2017) for a crime of fraud on February 23, 2017; and (b) on September 21, 2017, each appeal was filed with the Daegu District Court [2017 No. 561, 2017 No. 1985, 2017, 1, 2017) and the said judgment became final and conclusive on October 17, 2017.

The date of the crime of the above special injury is October 29, 2016, and the date of the crime of the above crime of fraud is around December 13, 2013.

According to the relationship between the crime of the judgment below and the crime of the above final judgment, the third crime (as of August 30, 2012, the date of the cross-age crime) among the crimes of the judgment below against the defendant is in the relationship between the crime of the final judgment and the crime of the latter after Article 37 of the Criminal Act, and the "crimes for which judgment has become final and conclusive" in the latter part of Article 37 of the Criminal Act is several.

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