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(영문) 서울남부지방법원 2013.05.31 2013노542
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Central District Court on March 15, 2012, and the judgment becomes final and conclusive on May 3, 2012. As such, the crime of fraud for which the judgment became final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. Accordingly, the punishment should be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment is concurrently rendered under Article 39(1) of the Criminal

However, the records of this case do not find any scambling of the trial records through the judgment of the court below or the statement of the person concerned as to the crime for which the judgment of this case became final and conclusive.

Therefore, since the court below cannot be deemed to have imposed punishment on each of the crimes of this case pursuant to Article 39(1) of the Criminal Act, the court below was no longer able to maintain any further.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: in the first instance of the judgment of the court below, the facts charged and the summary of the evidence are as follows: “In addition to adding “case inquiry and each written judgment” to “Defendant A” in the first instance of the judgment of the court below in the fourth instance of the judgment of the court below, it is identical to each corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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