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(영문) 부산지방법원 2016.09.08 2016노2112
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (the fine of 500,000 won).

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to imprisonment of one year and six months with labor for the offering of a bribe at the Busan High Court on July 21, 2016, and the judgment became final and conclusive on July 29, 2016. The crime in the judgment of the court below is in the relation of the offering of a bribe for which judgment became final and conclusive, and the latter concurrent crimes in Article 37 of the Criminal Act are in the relation of the latter concurrent crimes in accordance with Article 39(1) of the Criminal Act and Article 39(1) of the Criminal Act, and thus, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to imprisonment with prison labor for a period of one year and six months at the Busan High Court on July 21, 2016 and the judgment became final and conclusive on July 29, 2016" to the first head of the facts constituting an offense for which the judgment of the court below is based. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is the confession of the instant crime, and the instant crime is in the concurrent relationship between the offering of bribe, etc. finalized on July 29, 2016 and the offering of bribe, etc. established on July 29, 2016, and the latter part of Article 37 of the Criminal Act, and thus simultaneously is subject to the ruling under Article 39(1)

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