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(영문) 부산지방법원 2015.02.05 2014노4574
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Prior to the determination on the grounds for appeal by the defendant ex officio, the court below's judgment duly adopted and examined at the trial [the court below's decision (the Vice District Court Decision 2014No2735, 3691 (merged)] and the Konet case search] can be acknowledged that the defendant was sentenced to three years of imprisonment with prison labor for special larceny, etc. at the Busan District Court on November 28, 2014, and the above judgment became final and conclusive on January 16, 2015. Since the above crimes of conflict and each of the crimes of this case are concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, the court below's decision should be determined after considering equity and mitigation of punishment or exemption, and the decision of the court below should no longer be maintained, and the court below's decision 30 years of imprisonment with prison labor and the summary of evidence of this case No. 361, Dec. 16, 2014 (the summary of the court below's decision 201, 3601) of evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of a punishment (to be collectively applied for each crime, with the exception of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

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