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(영문) 광주지방법원 2018.05.02 2018노325
사기등
Text

The judgment of the court below is reversed.

In the case of paragraph (3) of the judgment of the defendant, each crime in the No. 1 to 3 of the list of crimes in the attached Form.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, on November 3, 2015, the defendant was sentenced to a suspended sentence of two years for the violation of the Farmland Act and the violation of the Mountainous Districts Management Act at the Gwangju District Court on June, 2015, and the above judgment became final and conclusive on November 11, 2015. As such, the crime of violation of the Farmland Act, etc. for which the judgment became final and conclusive, and the crime of the No. 1 through No. 3 of the annexed crime table among the annexed crimes in Article 37 of the Criminal Act, are concurrent crimes in the latter part of Article 37 of the Criminal Act, and the case of the annexed crime in Article 39 (1) of the Criminal Act shall be determined at the same time after considering whether to reduce or exempt punishment, and since each of the remaining crimes except for the crimes of No. 1 through No. 3 of the annexed crimes in the above annexed Table 3 is separate crimes after the final and conclusive judgment on the violation of the Farmland Act, the court below rendered a separate sentence for each of the crimes in the judgment below and the two different sentences.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Punishment of the crime

[Criminal history] On November 3, 2015, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on November 11, 2015 for a violation of the Farmland Act and the Management of Mountainous Districts Act at the Gwangju District Court.

[Criminal facts] The Defendant is a person who operates an agricultural partnership E in the former Navy D.

1. Fraudulents and attempted frauds with respect to the victim F;

A. Fraud 1) The Defendant committed on May 7, 2016.

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