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(영문) 서울중앙지방법원 2017.11.23 2017노3153
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.

In light of the records, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to imprisonment with prison labor for larceny on March 28, 2013 from the Suwon Giwon to six months of imprisonment with prison labor for larceny on April 5, 2013, and the judgment became final and conclusive on April 5, 2013. Thus, the crime of larceny for which the judgment became final and the crime of this case are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity in cases where the judgment is concurrently rendered in accordance with Article 39 (1) of the Criminal Act. Thus, the

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court of this Court is ① The first head of the facts constituting a crime in the judgment of the court below (the defendant was sentenced to one year of imprisonment for a crime at the Suwonwon on January 27, 2012 and the above judgment became final and conclusive on April 16, 2012. On October 10, 2014, the court of appeal was sentenced to one year of imprisonment for a crime due to a fraud, etc. at the Suwonwonwon, and the above judgment was finalized on October 29, 2014. On April 10, 2017, the Seoul Central District Court was sentenced to two years and six months of imprisonment for a crime at the Seoul Central District Court, and is currently in the appellate trial.

“The Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor on March 28, 2013 from the Suwon Giwon to larceny on April 5, 2013, and the judgment became final and conclusive on April 5, 2013. On October 10, 2014, the Defendant was sentenced to one year of imprisonment with prison labor on the grounds of fraud, etc. from the Suwon Giwon Giwon, and the said judgment became final and conclusive on October 29, 2014.

On July 18, 2012, the defendant changed to " and was sentenced to six months of imprisonment for a crime of fraud from the Suwon Friwon to the Suwon Friwon on July 18, 2012, and the judgment became final and conclusive on December 7, 2012, but the judgment above was made on January 22, 201.

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