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(영문) 창원지방법원 2016.11.24 2016노2544
사기등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the court of the court below ex officio examined the criminal records, the copy of the first instance court's decision, and the first instance court's decision without any evidence other than the investigation report (as to the investigation records 1, 186 pages, 2, 43 pages) that the criminal records of this case and the crime of this case committed before the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, on the grounds that the crime of this case and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act (as declared on September 22, 2015 and became final and conclusive on July 28, 2016, the Changwon District Court rendered a sentence of imprisonment with prison labor for the crime of this case and the crime of this case under the latter part of Article 39 (1) of the Criminal Act and the crime of this case, and the crime of this case are being committed simultaneously with the case where the above judgment becomes final and conclusive.

Therefore, the judgment of the court below is erroneous in determining the punishment of the defendant without undergoing sufficient evidence investigation as to the crime of interference with business, etc., which is related to the latter part of Article 37 of the Criminal Code, and the judgment of the court below cannot be maintained

Meanwhile, under Article 347(1) of the Criminal Act, the statutory penalty for the crime of fraud among the facts charged in the instant case is imprisonment for not more than ten years, or a fine not exceeding twenty million won. The statutory penalty for the crime of violation of the Road Traffic Act is imprisonment for not less than one year but not more than three years pursuant to Article 148-2(1)1 of the Road Traffic Act, or a fine not less than five million won and not more than ten million won. The statutory penalty for the crime of violation of the Labor Standards Act is a fine not exceeding three years pursuant to Articles 109(1) and 36 of the Labor Standards Act or a fine not exceeding twenty million won.

Each of the above defendants.

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