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(영문) 제주지방법원 2020.11.19 2019노981
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s punishment (two million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. On December 13, 2019, the judgment of the court below was rendered by the Jeju District Court on May 31, 2019 and became final and conclusive on December 13, 2019. On June 14, 2019, the fact that the judgment became final and conclusive on September 27, 2019 is recognized by the evidence duly adopted and examined by the court below and the court below.

Therefore, in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to each crime of special injury, etc., for which the judgment of the court below has become final and conclusive, the punishment for each crime of the judgment of the court below shall be imposed in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.

【The reasoning of the judgment of multiple times】 The criminal facts and the summary of the evidence admitted by the court of this Court are as follows: “The defendant was sentenced to one year of imprisonment with prison labor for special injury at the Jeju District Court on May 31, 2019, and the judgment became final and conclusive on December 13, 2019. On June 14, 2019, the defendant was sentenced to two years of suspended sentence for six months of imprisonment with prison labor for obstruction of performance of official duties due to fraudulent means, etc. at the same court on June 14, 2019 and became final and conclusive on September 27, 2019.” The summary of the evidence of the judgment of the court below is as follows: “1. The criminal records: the inquiry of criminal records, etc., five copies of the judgment of the court, including the first half of the judgment of multiple times, five parts of the judgment of this court, and those parts of the judgment of this court are added.”

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