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(영문) 창원지방법원 2014.05.22 2013노2439
조세범처벌법위반등
Text

The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the original judgments (No. 1: imprisonment with prison labor for not more than 10 months and imprisonment for not more than 2 years and 2 months, and a fine not exceeding 5 million won) is too unreasonable.

2. After completing a separate hearing with regard to the defendant, the court of original judgment Nos. 1 and 2, with regard to the case of 201Da1928 and the case of 2014DaMa666, the court of original judgment sentenced the defendant to imprisonment with prison labor for 10 months and 2 years and 5 million won for the latter, and the defendant filed an appeal against each of the above decisions, and this court decided to hold concurrent hearings with regard to the above two appeals. The judgment of the court of original judgment in relation to the crimes listed in Articles 1-B, 1-2, 1-D-2, 1-5, 1-5, and 2 of the Criminal Act and the crime of fraud listed in the judgment of the court of original judgment in relation to the concurrent crimes listed in the former part of Article 37 of the Criminal Act, the judgment of the court below shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

3. Accordingly, each court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as above, and all the judgment of the court of first instance except the compensation order part among the judgment below and the judgment of the

(Inasmuch as the Defendant appealed against the judgment of the first instance court, the part of the order for compensation in the judgment of the first instance, pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, was also tried in the trial along with the part of the case of the Defendant. However, the Defendant did not assert any grounds for appeal regarding the part of the order for compensation among the judgment of the first instance, and the Defendant did not discover any grounds for revocation or alteration ex officio, and thus, remains intact). The Defendant who committed a crime is sentenced to a suspended sentence of one-year imprisonment with labor at the Changwon District Court on February 2, 2010.

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