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(영문) 광주지방법원 2016.09.20 2016노2678
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

The summary of the grounds for appeal (eight months of imprisonment) of the lower court is too unreasonable.

The grounds for appeal by the defendant are examined ex officio prior to the judgment.

According to Article 39(1) of the Criminal Act, “the crime for which judgment to face imprisonment without prison labor or a heavier punishment has become final and conclusive” and Article 37(1) of the same Act, if the crime for which judgment has not been rendered concurrently becomes final and conclusive and the crime for which judgment has not been rendered pursuant to Article 39(1) of the Criminal Act has become final and conclusive at the same time, it is reasonable to interpret that the sentence may not be imposed concurrently or mitigated or remitted by taking into account equity and the case for which judgment has already become final and conclusive pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1203, May 16, 2014; 201Do9295, Sept. 27, 2012). According to the records, the Defendant’s final and conclusive judgment that had become final and conclusive by sentence of imprisonment with prison labor for not more than 20 months and not more than 18 months, among the final and conclusive judgments (see, 2013 months, etc.).

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