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(영문) 대구지방법원 2014.10.30 2014노2936
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Reviewing the reasoning for appeal by the Defendant ex officio prior to the judgment on the ground of appeal by authority. According to the records, only for the crime committed before February 22, 2008, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on July 1, 2011, and the crime of this case committed after February 22, 2008, among the crimes subject to the above final and conclusive judgment, the latter concurrent crimes under Article 37 of the Criminal Act cannot be established (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014) since each of the crimes under Article 37 of the Criminal Act, other than those subject to the above final and conclusive judgment, can be recognized as having been sentenced to a suspended sentence for August 22, 2008, which became final and conclusive on February 22, 2008, considering the equity relationship between each of the above crimes and each of the above crimes under Article 137 of the Criminal Act.

However, the part of the judgment of the court below against the defendant in the application of the law of the court below was no longer maintained, since the concurrent dealing of the crime for which judgment became final and conclusive on February 22, 2008 was omitted.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment against the defendant is reversed, and it is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court shall be as follows: "Defendant B" in the preceding part of the facts constituting the crime of the judgment below and the Daegu District Court on October 17, 2007.

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