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(영문) 의정부지방법원 2017.05.18 2017노165
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, on May 24, 2016, the Defendant was sentenced to two years and six months of imprisonment for a crime of fraud and a violation of the Resident Registration Act, and the judgment became final and conclusive on August 17, 2016, and on December 1, 2016, the court was sentenced to six months of imprisonment for a violation of the Labor Standards Act at this court, and the judgment became final and conclusive on December 9, 2016. Meanwhile, on August 25, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud in this court, and the judgment became final and conclusive on December 9, 2016. However, the fraud was lower between April 2008 and May 208, and the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Southern District Court on September 30, 2009, and the judgment on fraud became final and conclusive at the same time on September 28, 2009.

Therefore, the crime of fraud, which became final and conclusive on December 9, 2016, and the crime of this case, are in the relationship of single concurrent crimes after Article 37 of the Criminal Act.

It cannot be seen (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). Recognizing this fact, the crime in the judgment of the court below is a crime committed prior to the day on which each of the above judgments becomes final and conclusive. As such, the crime in the judgment of the court below is obviously a crime committed prior to the day on which the judgment of the court below becomes final and conclusive, and the crime of violation of the Resident Registration Act or the crime of violation of the Labor Standards Act is in the relation of a group of concurrent crimes after Article 37 of the Criminal Act, in accordance with Article 39(1) of the Criminal Act, a punishment shall be imposed on the crime in the judgment of the court below in consideration of equity between the crime committed in the judgment of the court below, and

3. In conclusion, the judgment of the court below is unfair since there is a ground for reversal as above.

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