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(영문) 의정부지방법원 2019.10.31 2018노3350
사기등
Text

1. Defendant A’s appeal is dismissed.

2. The part of the lower judgment against the Defendant is reversed.

Reasons

1. Summary of the grounds for appeal and the sentencing (for defendants, one year of imprisonment, two years of suspended execution, two years of probation, community service, 320 hours of probation), respectively;

2. Determination ex officio (the occurrence of a previous criminal offense (defendant B) in the latter part of Article 37 of the Criminal Act) was sentenced to six months of imprisonment, two years of suspended execution, two years of probation, probation, community service, 160 hours for the crime of injury in the High Court of the Jung-gu District on February 14, 2019, and the judgment became final and conclusive on February 22, 2019.

However, since each crime in the judgment of the court below is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the above bodily injury for which judgment has become final and conclusive, punishment should be imposed at the same time in consideration of equity with the case of judgment, the part of the judgment of the

3. In light of the Prosecutor’s argument of sentencing and warning against Defendant A, the Prosecutor’s argument of sentencing and warning as to the sentencing and warning alleged by the Prosecutor in the trial of the political party is not deemed to have exceeded the reasonable scope of discretion, and the lower court’s determination of sentencing is not deemed to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, prosecutor's sentencing and warning cannot be accepted.

4. Thus, the part of the judgment of the court below regarding Defendant B among the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's judgment on the sentencing and light judgment, and it is again decided as follows after hearing. Since the prosecutor's appeal against Defendant A is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[Grounds for the new judgment against Defendant B] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). The Act shall apply 1.

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