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(영문) 수원지방법원 2017.06.16 2017노2039
사기등
Text

The judgment of the court below is reversed.

① Crimes against the victim N in the 2016 Highest 7373 case in the original judgment and the original judgment.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Western District Court on December 8, 201, and the judgment became final and conclusive on December 16, 2011. On December 11, 2014, the same court was sentenced to four months of imprisonment for fraud and the judgment became final and conclusive on December 19, 2014. In light of the date of each of the crimes in this case and the date of confirmation of each of the above judgments, the lower court erred by misapprehending the legal principles on L among the crimes in the 2016 Height 7373 cases in the lower judgment (hereinafter referred to as “one criminal facts”), and by misapprehending the legal principles on each of the crimes in the 2016 Height 7373 cases in the lower judgment and on each of the crimes in the 2016Gohap 737373 cases in the lower judgment, and each of the crimes in the 201-Ba 17360 proviso or 26-17 proviso, each of the lower judgment.

B. The punishment sentenced by the court below to the defendant (the imprisonment of 8 months and 1 year and 6 months for each crime of 1 and 2 criminal facts) is too unreasonable.

2. Before judgment on the grounds of ex officio appeal, the following facts are considered ex officio: “The crime for which a judgment to face with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive” refers to concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, under Article 39(1) of the Criminal Act, a crime for which a judgment has not been rendered among concurrent crimes and a crime for which a judgment has become final and conclusive under Article 39(1) of the Criminal Act shall be sentenced to punishment for the relevant crime, taking into account equity and equity. If a crime for which a judgment has not yet become final and conclusive cannot be

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