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(영문) 광주지방법원 2020.08.25 2020노684
사기등
Text

All judgment of the court below shall be reversed.

The defendant shall be sentenced to the first and fourth crimes in the judgment of the court of first instance and the second judgment.

Reasons

1. Summary of grounds for appeal;

A. The defendant (unjustifiableness)'s punishment (Article 1: 4 months of imprisonment with prison labor for the crimes set forth in the judgment of the court of first instance; 2-5 of imprisonment with prison labor for each crime set forth in the judgment of the court of second instance; 6 months of imprisonment with prison labor) is too unreasonable.

B. Each of the above types of the original judgment of the first instance court of the prosecutor (unfairness) is too uneasible and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment of ex officio.

A. According to the records, the Defendant, at the Gwangju District Court on October 25, 2018, sentenced to a suspended sentence of three years on one year and six months for fraud, and on November 2, 2018, recognized the fact that the said judgment became final and conclusive on November 2, 2018 (hereinafter “instant previous conviction”). However, the crime of Article 4 of the judgment of the first instance is a crime committed on June 4, 2019, which was after the date the instant previous conviction became final and conclusive, and thus, is not a concurrent crime under the latter part of Article 37 of the Criminal Act, notwithstanding that the instant previous conviction and the instant criminal offense are not concurrent crimes under the latter part of Article 37 of the Criminal Act, the first instance court erred by applying Article 39(1) of the Criminal Act to the said crime by deeming

Therefore, the first judgment can not be maintained as it is.

B. Meanwhile, the judgment of the court below was pronounced to the defendant in sequence, and the defendant filed each appeal against the judgment of the court of first instance against the judgment of the court below.

This Court decided to consolidate the above two appeals cases.

However, the crimes of the first and fourth crimes of the first and the second and second judgments of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. As such, there is a ground for ex officio reversal as above, the lower judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

b) the summary of the evidence and evidence.

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