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(영문) 수원지방법원 2018.05.16 2018노787
사기등
Text

The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

The defendant is a criminal defendant in each judgment of the court below.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of two years on October 25, 2013 to imprisonment with prison labor for a year and two months on the grounds of fraud, etc. in the Sungnam branch support, which was rendered on October 25, 2013, and the above judgment became final and conclusive on June 19, 2014. Since each crime of fraud in the judgment of the court below was committed in 2013, which was prior to the conclusion of the above judgment, each crime of fraud was committed in the 2013-year period prior to the conclusion of the judgment of the judgment of the court below, and the punishment shall be determined by taking into account equity with the case of concurrent crimes under Article 37 of the Criminal Act with which the judgment of the court below became final and conclusive. Since larceny in the judgment of the court below was committed on November 11, 201

Nevertheless, since the court below sentenced a single punishment for three years of imprisonment, it erred in the application of the Act on Concurrent Crimes by the latter part of Article 39 of the Criminal Code, which affected the conclusion of the judgment.

3. As such, the part of the judgment below excluding the rejection of the application for compensation order among the judgment below excluding the rejection of the application for compensation order, there exists a ground for reversal ex officio as seen above. Thus, without examining the Defendant’s unfair argument of sentencing, it is reversed pursuant to Article 364(2) of the Criminal Procedure Act

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court was sentenced to a suspended sentence of two years on October 25, 2013 and two years on June 19, 2014 during the period between the criminal facts of the judgment of the court below and the first and second criminal acts among the criminal facts of the court below.

In addition, “The Defendant’s partial statement” in the first instance court’s 5th page 11 and 19 of the summary of the evidence of the judgment of the court below is changed to “1. The Defendant’s written statement in court” and “1. The Defendant’s written statement in the court of the first instance,” respectively, and “1. The Defendant’s written inquiry about criminal history, 1.1.

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