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(영문) 대전지방법원 2019.11.21 2019노2069
사기
Text

The judgment of the court below is reversed.

The defendant is sentenced to 7 months of imprisonment and the court below's decision as to each crime of 2019 Godan349 as the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than ten months) of the lower court is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. On August 17, 2018, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for larceny at the Daejeon District Court for a period of six months on August 25, 2018, as stated in the first head of the facts constituting a crime of 2019Da349 as stated in the lower judgment, and the said judgment became final and conclusive on August 25

However, prior to August 25, 2018, which is the date when the judgment of larceny became final and conclusive, each of the crimes in the case No. 2019Da349 as stated in the judgment below, the crime in the case No. 2019Da1173 as stated in the judgment of the court below was committed thereafter, and as long as the judgment becomes final and conclusive as mentioned above, the judgment of the court below which sentenced one of the above crimes cannot be maintained.

B. In addition, on July 4, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Daejeon District Court, which became final and conclusive on August 30, 2019. As above, the crime of fraud, etc. for which the judgment becomes final and conclusive is committed prior to August 25, 2018, which is the date when the said judgment of larceny becomes final and conclusive.

Therefore, the above judgment becomes final and conclusive.

In addition to larceny described in paragraph (1) as well as larceny, etc. for which judgment has become final and conclusive as above, in relation to each of the crimes listed in the case No. 2019Da3499 and the concurrent crimes listed in the latter part of Article 37 of the Criminal Act against the defendant, punishment shall be determined in consideration of equity in cases where judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). In this regard

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.

[The reasons for the judgment of multiple times] criminal facts and evidence.

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