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(영문) 대구지방법원 2013.11.26 2013노1777
재물손괴
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. According to the Defendant’s written statement of grounds for appeal, the Defendant did not submit the written statement of grounds for appeal despite being served on July 2, 2013, and the petition of appeal does not contain any grounds for appeal. However, as long as the judgment of the lower court is reversed on the grounds of ex officio reversal, a decision to dismiss the Defendant’s appeal on the grounds of failure to submit the written statement of grounds for appeal is not rendered.

2. We examine ex officio determination.

According to the records, the Defendant, who was sentenced to one year and six months of imprisonment for fraud, etc. in a resident settlement support at the Daegu District Court on June 4, 2013, may be recognized as having become final and conclusive on September 7, 2013. As such, the crime of fraud, etc. for which judgment has become final and conclusive and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and cases where judgment is concurrently rendered pursuant to Article 39(

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the above reasons for ex officio reversal are reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the first head of the judgment of the court below added “criminal facts” to “the defendant was sentenced to one and half years of imprisonment for fraud, etc. from the stay support of the Daegu District Court on June 4, 2013; and (b) the judgment became final and conclusive on September 7, 2013” to “the summary of evidence” as stated in each corresponding column, except for adding “1. The case search and two copies of the judgment” to “the summary of evidence”; and (c) thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 366 of the Criminal Act and the choice of a fine for the crime;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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