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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for ten months.
Reasons
1. Summary of grounds for appeal;
A. In August 24, 2018, Defendant A was sentenced to four years of imprisonment by the Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive around that time.
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of which judgment has become final and conclusive as stated in each of the crimes in this case is concurrent crimes.
However, the court below erred by misapprehending the legal principles on the number of crimes.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. On August 24, 2018, Defendant A was sentenced to four years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on September 1, 2018.
In this regard, the prosecutor applied the above criminal records in the trial for the above crimes, and applied for the permission of modification of indictment with the addition of Article 39(1) of the Criminal Act to the applicable provisions of the law, and the trial allowed it.
Defendant
The crime of the judgment of the court below against A is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment of the court below has become final and conclusive, and in accordance with Article 39(1) of the Criminal Act, a sentence should be imposed in consideration of
3. In conclusion, the part of the judgment below against Defendant A is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by Defendant A, since there is a ground for reversal ex officio, and it is again decided as follows.
【Reason for the Judgment of the court below: The part concerning Defendant A in the judgment below's crime and summary of evidence recognized by this court is the first head of the judgment of the court below.