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(영문) 서울남부지방법원 2015.05.01 2014노1829
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court to the accused (two months of imprisonment, two years of suspended execution, two years of social service, two hundred hours of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of 2 years in the month of imprisonment on July 10, 2014, 40 hours in the compliance driving lecture on July 18, 2014, and the above judgment became final and conclusive on July 18, 2014. The crime of the judgment in the original judgment is in the relation between the above crime for which the judgment became final and the crime of concurrent crimes under Article 37 (1) of the Criminal Act, and the crime of the latter part of Article 39 (1) of the Criminal Act, in consideration of equity and the case of the above crime for which the judgment in the original judgment becomes final and conclusive, and after examining whether to reduce or exempt the sentence, the judgment below that did not take such measures cannot be upheld ex officio. Thus, the judgment below shall be reversed ex officio.

3. If so, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged by this court against the defendant and the summary of the evidence are as follows: "The defendant was sentenced to the suspension of the execution of 2 years in July 10, 2014 and the order to attend the law 40 hours in July 18, 2014 and the judgment became final and conclusive on July 10, 2014" in all the facts charged in the judgment of the court below and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the legal statement in the defendant's trial, the result of the case search, and the judgment" as evidence against the defendant prior to the final and conclusive judgment, and both are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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