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(영문) 광주지방법원 2019.08.28 2019노1582
협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. According to the records of this case’s ex officio determination, the Defendant was sentenced to imprisonment of one year and six months with labor for fraud in the Gwangju District Court Branch Branch on December 7, 2018, and the judgment became final and conclusive on May 29, 2019. The crime and the above fraud for which the judgment of the lower court rendered against the Defendant became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to which the crime and the above fraud, which are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, shall be determined in consideration of equity in cases where the judgment is to be

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the ground of ex officio reversal, and the judgment below is reversed and it is again decided as follows

[Grounds for the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment with prison labor for one year and six months for fraud on December 7, 2018 and the above judgment became final and conclusive on May 29, 2019" in the first head of the facts constituting a crime in the judgment of the court below. The summary of the evidence is as stated in the judgment of the court below, except for addition to "1................................... the judgment of the court of Gwangju District Court is as stated in the corresponding column of the judgment of the court below, Gwangju District Court Decision 2018No3780, Jun. 24,

Application of Statutes

1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 of the Election of Imprisonment;

1. The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes are as follows: (a) the Defendant recognized the instant crime and is in depth against the Defendant; (b) the Defendant had no record of committing the instant crime at the time of the instant crime; and (c) the case is concurrent with the case where the judgment becomes final and conclusive.

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