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(영문) 창원지방법원 2014.08.21 2014노388
공갈등
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

According to the record, on April 3, 2014, the defendant was sentenced to imprisonment of two years and six months with prison labor at the Busan District Court for fraud, etc., and the above judgment becomes final and conclusive on April 11, 2014. As such, the crime of fraud, etc. for which judgment has become final and conclusive and each of the crimes of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case shall be determined after considering equity among the cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment

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 assertion of unfair sentencing, on the grounds of ex officio reversal as above. The judgment below is reversed, and the following is again decided upon

[C] In addition to adding "the defendant was sentenced to two years and six months of imprisonment with prison labor at the Busan District Court on April 3, 2014, and the above judgment became final and conclusive on April 11, 2014," "1. Each of the judgment of the court below and each of the inquiry into criminal records" to the first head of the crime committed by this court and the summary of the evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Articles 350 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Each of the crimes in this case with the reasons for sentencing under the latter part of Article 39(1) of the Exemption Criminal Act shall be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment that became final and conclusive, and the judgment shall become final and conclusive.

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