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(영문) 서울중앙지방법원 2013.10.25 2013노2627
사기등
Text

The judgment of the court below is reversed.

The first crime, second crime, No. 3, No. 1, and fourth crime.

Reasons

1. The summary of the grounds for appeal (e.g., the two-year imprisonment and two-month imprisonment) of the lower court is too unreasonable in light of the fact that the Defendant reflects the nature of the grounds for appeal, that part of the damage has been compensated, and that the health of the Defendant currently has deteriorated.

2. Before determining the Defendant’s assertion of unfair sentencing ex officio, prior to the judgment on the Defendant’s assertion of unfair sentencing, the lower court sentenced the Defendant, on February 16, 201, a two-year suspended sentence of imprisonment with prison labor for six months at the Seoul Central District Court on August 4, 2011, which became final and conclusive on August 4, 201. Since each of the crimes of this case except the crimes listed in Article 5, among the crimes of this case, constitutes a crime committed prior to the final and conclusive judgment, deemed that each of the crimes except the crimes listed in the judgment and the crimes listed in Article 5, as a concurrent crime listed in the latter part of Article 37 of the Criminal Act, was treated as a final and conclusive judgment, and sentenced the Defendant to four

However, the crimes Nos. 2, 3, and 4 of the [Attachment 1] No. 3 in the judgment constitutes a crime committed after the date when the judgment became final and conclusive, on August 16, 201, on the day following the expiration of 14 days from each retirement date.

Therefore, since the crimes No. 1, No. 2, No. 3, No. 1, No. 4, and No. 6 through No. 13 in the judgment prior to the conclusion of the judgment of fraud in the judgment, are related to the crime of fraud in which the judgment becomes final and conclusive and the crime of concurrent crimes in the latter part of Article 37 of the Criminal Act, they shall be treated as concurrent crimes and sentenced to one punishment. Since the crimes No. 2, No. 3, and No. 4 in the judgment of the judgment of fraud in the judgment of the judgment in the judgment in the judgment in the judgment in the judgment in the judgment in the crime of fraud are related to the crimes in the former part of Article 37 of the Criminal

Nevertheless, as seen earlier, the court below sentenced a single punishment for each of the crimes other than the crimes No. 5 in its holding, and sentenced another punishment for the crimes No. 5 in its holding.

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