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(영문) 서울동부지방법원 2017.01.13 2016노1763
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the language, legislative intent, etc. of Article 37 and Article 39(1) of the Criminal Act, prior to the judgment on the grounds of appeal by the defendant, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that a group of concurrent crimes cannot be established after Article 37 of the Criminal Act, and that a sentence may not be imposed or mitigated or exempted in consideration of equity and equity (see Supreme Court Decision 2014Do469, Mar. 27, 2014). According to evidence duly adopted and examined by the court below, the defendant was sentenced to imprisonment with prison labor at the Seoul East District Court on December 30, 2013, and the judgment became final and conclusive (hereinafter referred to as “final judgment 1”) by being sentenced to punishment for a violation of the Act No. 1655, Mar. 25, 2016, and each of the above final and conclusive judgment (hereinafter referred to as “the final and conclusive judgment”) becomes final and conclusive.

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

[Re-use]

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