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(영문) 서울동부지방법원 2015.04.17 2015노283
사기등
Text

The judgment of the court below is reversed.

The defendant is each of the crimes of "2014 Highest 2995" and "2014 Highest 3570" in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. According to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the case is examined ex officio, and the record of the criminal records deliberation council, the defendant may be found to have been sentenced on November 29, 2012 to a period of one year of suspension of the execution of imprisonment for four months in the form of fraud at the Jung-gu District Court Goyang Branch, which became final and conclusive on December 7, 2012. However, the crime for which the judgment became final and the crime of larceny of 2014No303 is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of larceny of 201-1 of "203" in the judgment of the court below is in concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt the punishment, and the remaining crimes of

Therefore, the judgment of the court below which did not take such measures cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence presented by this court is added to the first head of the facts constituting a crime, and the summary of the facts constituting a crime and the evidence is as follows: “The defendant was sentenced to a suspension of execution of imprisonment for four months in the case of fraud from the Goyang Branch of the Jung-gu District Court on November 29, 2012, and the above judgment became final and conclusive on December 7, 2012.” The summary of the facts constituting a crime and the evidence was as stated in the corresponding column of the judgment of the court below, except for addition of ‘a criminal record: inquiry' to the summary of the evidence, and thus, it is cited as

Application of Statutes

1. Relevant Articles 347(1), 350(1) and 329 of the Criminal Act (the point of thief) concerning criminal facts and the choice of punishment.

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