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(영문) 서울중앙지방법원 2014.12.12 2014노3542
재물손괴등
Text

The judgment of the court below is reversed.

A fine of KRW 1,50,00,000,00,000,00,000,00.

Reasons

1. Summary of grounds for appeal unreasonable sentencing

2. On July 18, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a period of six months due to fraud, etc. at the Incheon District Court Branch Branch Branch Branch of the Incheon District Court, and the said judgment became final and conclusive on March 25, 2014.

The crime No. 1 in the judgment is a crime before the day when the above judgment becomes final and conclusive, and the crime No. 2 in the judgment is a crime after the day when the above judgment becomes final and conclusive, a separate sentence must

Nevertheless, as the court below sentenced a single sentence, the judgment of the court below can no longer be maintained.

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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

The criminal facts and the summary of the evidence acknowledged by this court are the criminal facts and the summary of the evidence. The criminal facts of the judgment of the court below are as stated in each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act, since they are all the same as stated in each corresponding column of the judgment of the court below, the summary of the evidence is as follows: “1. Criminal history light inquiry report, results report on confirmation of the failure to dispose of evidence, judgment, case search, and notice of delivery” in the summary of the evidence as stated in the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act, the choice of fines for the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crime of destruction and damage of property and fraud for which judgment has become final and conclusive);

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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