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(영문) 서울남부지방법원 2018.11.13 2018노1426
사기미수등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for frauds listed in attached Table 1.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (two months in prison for fraud listed in No. 1 attached Table 1; two months in prison for each fraud listed in No. 2 through 5; each fraud listed in the same table 2 through 5; and attempts to commit fraud listed in No. 2066 of the higher group 2018; one year and six months in prison for each attempted fraud listed in the higher group 1412) is too unreasonable.

2. "A crime for which judgment to face imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" constitutes a prescribed concurrent crime after Article 37 of the Criminal Act.

In addition, Article 39 (1) of the Criminal Code provides that when determining punishment for a crime which has not been adjudicated among such concurrent crimes, equity should be taken into account at the same time when the crime and the crime for which judgment has become final and conclusive.

On May 4, 201, the lower court sentenced a maximum of one year and six months of imprisonment to a special robbery at the Daegu District Court, which was sentenced on May 4, 201, and on June 28, 201, and became final and conclusive on June 28, 201. On December 15, 2016, the Daegu District Court sentenced the Defendant to imprisonment with prison labor for at least four months for night structure intrusion larceny at the Daegu District Court, and became final and conclusive on March 30, 2017. On March 31, 2017, the lower court was sentenced to imprisonment with prison labor for at least four months in the Daegu District Court Branch Branch for a crime of fraud, and the said judgment became final and conclusive on September 6, 2017, and on October 21, 2017, which was sentenced to imprisonment with prison labor for two months in the Western District Court Branch Branch for a crime of fraud.

In addition, on the ground that the crime of an association to which a judgment has become final and conclusive and the crime of fraud listed in No. 1, 2, 5, 2018, and the crime of fraud listed in No. 2, 2018, 2066, which were committed before the judgment became final and conclusive, are concurrent crimes after Article 37 of the Criminal Act, each punishment is determined at the same time in accordance with Article 39, Paragraph 1 of the Criminal Act, and the crime of fraud listed in No. 1, 2, 2, 5, 2, and 5, 39, 39, 37, and 39, 1, in consideration of equity.

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