(영문) 대구지방법원 2014.12.12 2014노2970 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2014.12.12 2014노2970

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to a suspended sentence of two months on September 18, 2013 in the Seo-gu District Court Branch Branch of Seo-gu District Court sentenced to two years of imprisonment for fraud, etc. on September 26, 2014, and the judgment became final and conclusive on September 26, 2014. The crime of this case is both concurrent crimes under the latter part of Article 37 of the Criminal Act between the crime of fraud, etc. for which the judgment becomes final and conclusive, and both the crime of this case is concurrent crimes under the latter part of Article 39(1) of the Criminal Act, taking into account equity and taking into account mitigation of or exemption from punishment

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

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is that "the defendant was sentenced to two years of suspension of execution on September 18, 2013, and the judgment became final and conclusive on September 26, 2014 due to criminal fraud, etc." in the first head of the judgment below's criminal facts and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for addition of "1..................... are attached to the criminal records" in the summary of the evidence as stated in the corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 Subparag. 10 of the Resident Registration Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime

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