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(영문) 서울중앙지방법원 2017.10.13 2016노3398
사기등
Text

The remainder of the judgment of the court of first instance, excluding the part concerning the compensation order, shall be reversed.

The court of first instance held that the defendant is a defendant.

Reasons

1. The summary of the grounds for appeal is so unreasonable that the defendant is too unreasonable that he is sentenced to imprisonment with prison labor for each of the crimes in Articles 1 through 3, 5 and 7 of the Judgment of the first instance (one year of imprisonment with prison labor for each of the crimes in Articles 1 through 3, 5 and 7 of the Judgment of the first instance).

2. Determination

A. In light of the ex officio judgment (as to the crimes listed in Articles 4, 8, and 9) (1) the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final cannot be adjudicated concurrently with the crime for which judgment has already become final, a concurrent crime relationship with the latter part of Article 37 of the Criminal Act cannot be established, and a punishment may not be imposed concurrently or mitigated or exempted (see, e.g., Supreme Court Decisions 2009Do948, Oct. 27, 201; 2012Do9295, Sept. 27, 201; 2014). According to the above provision of Article 14 of the Criminal Act, if several crimes for which judgment has not yet become final and conclusive after being sentenced to imprisonment with prison labor and Article 39(1)2 of the Criminal Act became final and conclusive, the defendant cannot be deemed to have been tried separately between the crimes committed before and after the judgment became final and conclusive.

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