beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for six months with prison labor for a crime of 2019Kadan2858 as the judgment of the court below, and the decision of the court below shall be made.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for each of the crimes of fraud in the case of 2017Da5025, 2018 Godan5010, 2019 Godan2970, which the court below rendered against the defendant is too unreasonable and unreasonable.
2. Determination
A. Even in cases where a number of crimes for which judgment to punish with imprisonment without prison labor or a heavier punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive prior to the final and conclusive judgment are deemed concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, in such a case, a sentence shall be imposed in consideration of equity in cases where each crime for which judgment has not been rendered under Article 39(1) of the Criminal Act becomes final and conclusive at the same time with respect to all of the crimes for which judgment
(2) According to the records, the Defendant was sentenced to imprisonment with prison labor for a period of four years from October 24, 2011 to February 3, 2012, and the said judgment became final and conclusive on January 11, 2013 (hereinafter referred to as “final and conclusive judgment”), and (2) on December 11, 2013, the Seoul Northern District Court sentenced the Defendant to a suspended sentence of one year for occupational embezzlement from September 23, 201 to February 1, 2012 (hereinafter referred to as “final and conclusive judgment”).
In light of the above legal principles, each of the above crimes of the first and second final judgments is committed on February 2, 2012 and the same month before each of the above judgments becomes final and conclusive.
3. The crime of fraud in the 2019 Highest 2858 case as stated in the judgment of the court below, which is a crime, is in the latter part of Article 37 of the Criminal Act.
Therefore, the lower court should have sentenced punishment by taking into account the equity between the crimes of fraud in the case of 2019 high-class 2858 and the cases of each final judgment in the above 1 and 2, but simultaneously with the crime of "the first final judgment".