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(영문) 대구지방법원 2014.05.29 2013노3120
사기등
Text

The judgment of the court below is reversed.

The 2012 High Court Decision 201Hun-Ga572, 2013 High Court Decision 2000,000 won for the crime of 201 High Court Decision 201Hun-Ga892.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 9 million (the fine of KRW 9 million) is too unreasonable.

2. According to the records of ex officio determination, the Defendant, at the Daegu District Court on July 12, 201, was sentenced to a suspended sentence of 8 months and a sentence of 3 months imprisonment with prison labor, for the following reasons: (a) on July 12, 201, and the judgment became final and conclusive on July 20, 201.

Among the crimes of this case committed by the Defendant, the crime of Articles 2013-Ma2218, which was decided by the said final judgment, is the relation between the subject crime for which three months have been sentenced to imprisonment and the latter concurrent crimes of Article 37 of the Criminal Act, and the case of concurrent crimes under Article 39(1) of the Criminal Act shall be considered to be equity and whether mitigation or exemption of punishment is to be considered,

In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and it is again decided as follows, without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding "the defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for the crimes of extortion at the Daegu District Court on July 12, 201 and a sentence of 2 months of imprisonment with prison labor for the crimes of extortion at the Daegu District Court on July 12, 201, and that judgment became final and conclusive on July 20, 201," and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 350 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.

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