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(영문) 춘천지방법원 강릉지원 2015.10.08 2015노446
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal by the Defendant’s ex officio, and review the records of this case, the Defendant is recognized to have been sentenced to six months of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court on April 2, 2015, and the judgment became final and conclusive on July 20, 2015.

As above, the punishment for each of the crimes of frauds in this case shall be determined in consideration of equity in cases where a judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act, as the crime of fraud for which judgment has become final and conclusive and each of the crimes of fraud in this case

Nevertheless, the judgment of the court below cannot be maintained any longer, since the application of the laws and regulations of the court below did not contain concurrent crimes.

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

[Dao-written judgment] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to six months of imprisonment for a crime from the Gangnam Branch of the Chuncheon District Court on April 2, 2015 to "the judgment became final and conclusive on July 20, 2015," and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Application of the sentencing criteria: this shall apply;

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