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(영문) 수원지방법원 2013.11.28 2013노3535
사기
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 300,00) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of appellate court is rendered after a judgment of appellate court was rendered and a final and conclusive judgment has been rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and review and determine the judgment again

(1) The court below’s decision to dismiss Defendant’s appeal on November 18, 201, and Supreme Court Decision 2012Do9295 Decided September 27, 2012, etc. In light of the records, the Defendant was sentenced to imprisonment of KRW 2010Do153 Decided January 13, 201, and filed an appeal of KRW 1250,00 with the Seoul Northern District Court on September 12, 2013, which is the following: (a) the Defendant was sentenced to imprisonment of KRW 2013No829, 908, 924, 103, and 103; and (b) the Defendant was dissatisfied with the judgment; (c) the Defendant dismissed the Defendant’s appeal on November 18, 2013; and (d) the crime of this case and the crime of this case, which became final, are concurrent crimes under the latter part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the following decision is rendered after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The defendant under the latter part of Article 39(1) of the Criminal Act exempted from punishment;

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