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(영문) 울산지방법원 2020.05.21 2020노127
사기등
Text

The judgment of the court below is reversed.

No. 1, 3. A of the judgment of the defendant.

(i)in respect of offences, offences 5, three years of imprisonment, the remainder;

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. On January 23, 2017, according to the records, the defendant was sentenced to a suspended sentence of one year for a violation of the Attorney-at-Law Act at the Busan District Court's branch branch court's order on January 23, 2017, and the judgment became final and conclusive on April 14, 2017.

No. 1, 3.A of the judgment of the court below.

(1) Since the crime and the crime of Articles 5 are related to the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, punishment shall be determined by taking into account equity in the case of concurrent judgment in accordance with Article 39(1) of the Criminal

In this respect, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows, after pleading.

[C] The summary of the facts constituting a crime and evidence and the summary of the evidence are as follows: "criminal facts" of the judgment of the court below is added to "the defendant was sentenced to two years of suspension of execution on January 23, 2017 to imprisonment with prison labor for a violation of the Attorney-at-Law Act on January 23, 2017, and the judgment became final and conclusive on April 14, 2017" in the first head of the judgment of the court below; "1. partial statement of the defendant" in the summary of the evidence is changed to "1.1. The defendant's own court statement" in the summary of the evidence is changed to "1.1. The defendant's own court statement" in the second part to "1. The second part of the judgment of the court below is added to "the criminal records, the previous part of the disposition and the results of confirmation, and the copy of the judgment's statement"

Application of Statutes

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), subparagraph 1 (a) (the point of handling legal affairs by non-Attorney-at-Law) of Article 109 of the Attorney-at-Law Act and the

1. To treat concurrent crimes;

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