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(영문) 부산지방법원 2018.07.20 2018노1316
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. According to the records of ex officio determination on December 20, 2017, the summary of the grounds for appeal (unfair sentencing) by the lower court (in each case, 4 months of imprisonment) is too heavy or too weak (the Defendant), and the records are acknowledged that the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on December 20, 2017, and that the said judgment became final and conclusive on April 14, 2018.

As above, the crime for which judgment has become final and conclusive and the crime of this case are concurrent crimes with the crime of this case after Article 37 of the Criminal Act, and in accordance with the first sentence of Article 39 (1) of the Criminal Act, a sentence for the crime of this case shall be imposed by considering the equity in the case where the judgment is to be rendered at the same time in accordance with the first sentence of Article

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The judgment below is reversed, and the following decision is delivered after oral pleadings, on the grounds that the judgment of the court below is reversed ex officio.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is recorded in the first head of "criminal facts" of the judgment of the court below, and the judgment was finalized on April 14, 2018, when the defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on December 20, 2017.

In addition, “1. Before the judgment: Before the end of “a summary of the evidence”: Along with the addition of “Conet search ( Busan District Court 2018No. 65),” and “the text of the judgment” in the last part of “a summary of the evidence,” it is identical to the corresponding column of the judgment of the court below. As such, it is cited as it is by Article 369 of

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, the Defendant for the reason of sentencing under Article 39(1) recognizes all of the instant crimes.

The principle of equity should be taken into account when the defendant is judged simultaneously with the final judgment entered in the judgment.

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