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(영문) 부산지방법원 2020.05.21 2019노3257
사기등
Text

The judgment below

Of the judgment of the court below, the part concerning each crime of Articles 2 and 3 of the judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, 199) declared by the court below as follows: (a) a penalty of KRW 7 million for a crime of KRW 1 in the original judgment; and (b) a suspended sentence of KRW 2 and 3 in each crime of Articles 2 and 3 in the original judgment

2. In full view of the following factors: (a) the Defendant’s judgment on the grounds of appeal for the crime No. 1 as indicated in the holding of the court below as to this part of the judgment below is against his mistake while recognizing this part of the crime; and (b) the crime No. 1 as indicated in the holding of the court below is related to the crime of violating the Employment Security Act, which was the first head recorded in the judgment of the court below which became final and conclusive on January 15, 2015, and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the equity between the case at the same time and the case where the judgment was rendered pursuant to Article 39(1) of the Criminal Act should be taken into account; and (d) the Defendant’s age, character

This part of the prosecutor's argument is without merit.

3. Before the public prosecutor's decision on the grounds for appeal on each of the crimes of Articles 2 and 3 of the decision of the court below on the grounds of unfair sentencing, he examined ex officio the prosecutor's decision on the grounds of appeal on the grounds of unfair sentencing, and the public prosecutor applied for changes in addition to the charges of the crimes of Articles 3 of the decision of the court below, and since this court changed the subject of adjudication by permission,

Furthermore, since the above crime and the second crime as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment is imposed, and the part concerning each crime under Articles 2 and 3 of the judgment of the court below cannot be maintained in its entirety.

4. Accordingly, the prosecutor's appeal as to the first crime among the judgment below's judgment is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. The judgment of the court below as to the second and third crimes among the judgment of the court below.

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