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(영문) 수원지방법원 2016.03.30 2015노7310
사기등
Text

All judgment of the court below shall be reversed.

The defendant is a crime listed in the first instance trial Nos. 1 to 33.

Reasons

1. The summary of the reasons for appeal is that the sentence of the first instance court (as to the crimes listed above Nos. 1 to 33 in the list of crimes, six months of imprisonment with prison labor for the crimes listed above six months, the net time of 34 and 35) and the sentence of the second instance court (as to the crimes listed above, six months of imprisonment with prison labor for the crimes listed above, and three million won of fine for the crimes listed below No. 1 in the holding), are too unreasonable.

2. We examine ex officio prior to the determination of the ex officio determination of sentencing.

A. (1) The record reveals the following facts.

① On February 16, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for violating the Military Service Act and one year of suspended execution on February 24, 2015, from the support of the Suwon Friwon, and became final and conclusive on February 14, 2015.

② On March 3, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud in the same court, and became final and conclusive on March 11, 2015.

③ The crime of the previous offense is ① the crime committed on October 10, 2013 and October 24, 2013, which was before the day when the judgment of the crime of the previous offense became final and conclusive.

2) Therefore, the second instance court erred by applying Article 39(1) of the Criminal Act only in relation to the criminal offense (1) in the relationship with the criminal offense (2) in the first instance judgment, even though the punishment is determined by taking account of equity and cases where the criminal offense was judged simultaneously with the criminal offense.

3) In addition, on the grounds as mentioned in the foregoing 1) and 1, the crimes listed in Nos. 1 through 33 in the sight table of each of the crimes in the first instance trial (see, e.g., Supreme Court Decision 201Do9295, Sept. 27, 2012) are ① The punishment shall be determined by taking into account the case where the crimes are judged at the same time, and the case where the crimes in the first instance trial are judged at the same time, and the crimes in the No. 34 and 35 of each of the crimes in the first instance trial and the crimes in the second instance trial cannot be adjudicated at the same time at the same time (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). However, since Article 37 of the Criminal Act, which is a provision for concurrent treatment in the applicable column of statutes, Article 39(1) of the Criminal Act, the first instance court sentenced each of the above crimes through consideration.

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