Text
The judgment below
The part concerning the 6th crime in the judgment is reversed.
As to the crime No. 6 of the judgment of the defendant, two months of imprisonment.
Reasons
1. The summary of the grounds for appeal (e.g., a form of punishment) that the court below sentenced to the defendant (e.g., a punishment of 1 to 5, 7 and 8 at the time of market) is too unreasonable.
2. We examine ex officio the defendant's grounds for appeal against No. 6 of the judgment of ex officio as to the crime No. 6 of the judgment.
(a) "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and in such cases, with respect to a crime which has not been adjudicated among concurrent crimes pursuant to Article 39 (1) of the Criminal Act, punishment shall be imposed concurrently in consideration of equity
Furthermore, even if there are a number of crimes for which judgment to be sentenced to imprisonment without prison labor or heavier punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive shall be deemed to be concurrent crimes with the crimes under the latter part of Article 37 of the Criminal Act. Therefore, in this case, a sentence shall be imposed in consideration of equity in cases where all of the crimes for which judgment has become final and conclusive with respect to a crime not adjudicated
B. On May 30, 2013, the lower court sentenced the Defendant, who was sentenced to six months of imprisonment for fraud at the Southern District Court, on August 3, 2013, and the said judgment became final and conclusive on August 3, 2013 (hereinafter referred to as “third prior conviction”), and on July 7, 2015, sentenced the Defendant to two years and six months of imprisonment for fraud at the Jungbu District Court, which became final and conclusive on December 2, 2015.
(D) On the ground that the judgment was rendered prior to the conclusion of the judgment, the sentence was rendered in consideration of the equity between the judgment and the case where the judgment was rendered. (3) On the ground that the former part of Article 37 and Article 39(1) of the Criminal Act was rendered.
Furthermore, on September 18, 2015, the lower court sentenced the Defendant to one year of imprisonment for a crime of fraud, etc. at the District Court of the Republic of Korea, which became final and conclusive on December 2, 2015.