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(영문) 수원지방법원 2017.06.13 2017고단172
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for special larceny, etc. at the Suwon Giwon on April 18, 2012, and was finally sentenced to a suspended sentence of two years on April 26, 2012.

In the instant indictment that was changed to May 30, 2017, “The Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for special larceny, etc. from the Suwon Giwon on April 18, 2012, and the judgment became final and conclusive on April 26, 2012, and on August 27, 2016, the same court was sentenced to the suspension of the execution of two years of imprisonment with prison labor for 10 months and with the final and conclusive judgment on September 4, 2016.

Although the crime of this case and special larceny, etc., which became final and conclusive as above, constitute “where a crime for which a judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed prior to the final and conclusive judgment could have been adjudicated simultaneously.” However, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) committed after the final and conclusive date of the judgment of special larceny, etc. constitutes “where the crime of this case could not be judged simultaneously with the crime of this case” and thus, the crime of this case and the crime of this case do not constitute

Since such a judgment is not likely to seriously disadvantage the defendant's exercise of his right to defense, the defendant's criminal records in written indictment are modified and recognized ex officio.

[Criminal facts] The Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Southern District Court on April 30, 2015, and the same year

6.2. The judgment becomes final and conclusive), D (C. 3 years and six months imprisonment at the Seoul Southern District Court on July 16, 2015, and 2 years of imprisonment, and the final and conclusive judgment on January 15, 2016), E (C. 2 years and six months of imprisonment at the Seoul Southern District Court on May 21, 2015, and final and conclusive judgment on October 30 of the same year), F (C. 21 of the same month upon being sentenced to imprisonment by the Daejeon District Court on October 13, 2016), G (C) (C).

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