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(영문) 서울남부지방법원 2020.12.08 2020노425
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of grounds for appeal (the original decision: Imprisonment with prison labor for eight months, the suspension of execution of two years, and the order of community service order 120 hours);

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the ground for appeal ex officio, each of the requisite agreement assistance meetings adopted and investigated in the trial, and each of the written judgments, the Defendant was sentenced on April 2, 2020 to a suspended sentence of 2 months by imprisonment with prison labor at the Changwon District Court for fraud on April 2, 2020 and the above judgment became final and conclusive on May 21, 2020, and the above judgment became final and conclusive on October 29 of the same month after being sentenced to a suspended sentence of 2 years by imprisonment with prison labor for fraud on May 21, 2020. As such, each of the crimes for which the judgment became final and conclusive and each of the offenses of the lower judgment are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment may no longer be maintained in this respect.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without any need to decide on the grounds of appeal on the grounds of appeal on the grounds of ex officio reversal.

【The reasoning of the judgment that was written in multiple times] The criminal facts and the summary of the evidence admitted by the court and the summary of the facts charged in the judgment of the court below are as follows: "The defendant was sentenced on April 2, 2020 by the Changwon District Court to a two-year suspended sentence of imprisonment for fraud on April 10 of the same month; on May 21, 2020, the above judgment became final and conclusive on October 29 of the same month after being sentenced to a two-year suspended sentence of imprisonment for fraud on May 21, 2020; and on May 29 of the same month, the above judgment was sentenced to a two-year suspended sentence of imprisonment for fraud on May 21, 2020; and on January 1 of the summary of the evidence, it is identical to each corresponding column of the judgment of the court

Application of Statutes

1. Criminal facts;

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