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(영문) 서울남부지방법원 2015.06.25 2015노334
사기등
Text

The first original judgment shall be reversed.

A defendant shall be punished by imprisonment for six months.

An appeal by a defendant against the judgment of the second instance.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for six months) that the court below sentenced to the defendant is too unreasonable.

2. Determination

A. Although two original judgments were consolidated in the trial at the same time, the crime of the first instance judgment is a concurrent crime under the latter part of Article 37 of the Criminal Act, and the crime of the second instance judgment is a concurrent crime under the latter part of Article 37 of the Criminal Act, and thus a sentence should be imposed separately from the crime

Therefore, the grounds for appeal against each judgment are divided.

B. According to the evidence duly adopted and examined by the court below and the court below on April 21, 2014, before determining the grounds for appeal against the first instance judgment (ex officio judgment) of the defendant, the defendant was sentenced to one year of suspended sentence for six months of imprisonment by assault, etc. at the Seoul Southern District Court on April 21, 2014, and the judgment became final and conclusive on the 29th of the same month, and on August 29, 2014, the defendant was sentenced to two years of suspended sentence for six months of imprisonment with prison labor at the Seoul Southern District Court for interference with business.

9.6. It can be recognized that the judgment became final and conclusive. As such, each of the crimes for which judgment became final and the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the first judgment of the court of first instance

C. Compared with the sentencing conditions indicated in the instant judgment of the second instance and the reasons for sentencing the judgment of the lower court, it cannot be deemed that the second instance judgment’s punishment is too unreasonable.

3. Accordingly, the first judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the defendant's appeal against the second judgment of the court below is without merit.

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