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(영문) 서울중앙지방법원 2018.04.13 2017노4324
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of suspended sentence in six months of imprisonment) is too uneasy and unfair.

Judgment ex officio

A. Reviewing the reasoning for appeal ex officio prior to the judgment, the following facts can be acknowledged: (a) the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Door-to-Door Sales Act on October 19, 2017 (the crime committed before the date on which the judgment below became final and conclusive as to the crime of violating the Act on the Regulation of Similar Receiving Act) at the Suwon Faging Faging Faging Faging Fag by the Suwon Fag Fag Fag Fag, which was sentenced to two years after the sentence of the lower judgment on February 15, 2018, which became final and conclusive.

B. The crime of aiding and abetting the violation of the Act on the Regulation of Similar Receipt of Contracts by Door-to-Door Sales, etc., for which the judgment became final and conclusive, and the crime of aiding and abetting the violation of the Act on Door-to-Door Sales, etc., and the crime of aiding and abetting the violation of the Act after Article 37 of the Criminal Act are concurrent crimes, and the punishment shall be determined in consideration of equity in the case of concurrent judgment pursuant to Article

Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court was sentenced to a suspended sentence of two years in August, 2016 due to the violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court around November 10, 2016, and the judgment became final and conclusive around the 18th of the same month.

“Defendant P was sentenced to imprisonment for a violation of the Act on the Regulation of Similar Receiving Acts at the Seoul Central District Court on November 10, 2016, and the decision was finalized on November 18, 2016, with two years of suspended sentence.

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