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(영문) 부산고등법원 (창원) 2017.11.29 2017노170
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to Article 37 (1) of the Criminal Act and Article 39 (1) 2 of the Criminal Act, "the crime committed before the final judgment becomes final and conclusive" is deemed concurrent crimes. In this case, a sentence shall be imposed on the defendant with regard to the crime for which no judgment has become final and conclusive under Article 39 (1) of the Criminal Act and the crime for which Article 39 (1) of the Criminal Act becomes final and conclusive. In light of the language and legislative intent of Article 37 and Article 39 (1) of the Criminal Act, if the crime for which judgment has not become final and conclusive cannot be judged concurrently with the crime for which judgment has become final and conclusive, it shall be interpreted that the sentence of imprisonment is not to be reduced or exempted lawfully by taking into account 30 years of final and conclusive judgment (see Supreme Court Decisions 201Do9297, Sep. 27, 2012; 201Do4610, Mar. 16, 2014).

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