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(영문) 광주지방법원 2017.02.08 2016노1446
사기
Text

The judgment of the court below is reversed.

The sentence against the accused shall be 1.5 million won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

On January 14, 2016, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court, and the above judgment became final and conclusive on March 28, 2016.

In addition, on July 20, 2016, the defendant was sentenced to two months of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on January 13, 2017.

Thus, since the crime of this case is in a concurrent relationship between each of the above crimes and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained any more.

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

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by this court is the first head of the lower judgment’s criminal facts and the summary of the evidence. “The Defendant was sentenced to six months of imprisonment with prison labor from the Incheon District Court’s Branch Branch on January 14, 2016 for fraud, and the above judgment was finalized on March 28, 2016.

In addition, on July 20, 2016, the defendant was sentenced to two months of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on January 13, 2017.

“The addition of “1. Each judgment” is the same as the entry in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act). The application of the Act and subordinate statutes is the same as the application of each corresponding column of the court below.

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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