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(영문) 부산고등법원 (창원) 2018.09.05 2018노67
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All the judgment of the court below (the judgment of the court below No. 1 shall be reversed only for the conviction).

A defendant shall be punished by imprisonment for five years.

Reasons

1. The first instance court dismissed the prosecution against the Defendant’s violation of the Labor Standards Act and the violation of the Workers’ Retirement Benefit Security Act, and convicted the remainder of the charges.

The defendant and the prosecutor appealed only against the conviction of the original decision of the judgment of the court of first instance, and the dismissal of the prosecution of the original decision of the court of first instance became final and conclusive as they are.

This part shall be excluded from the object of the adjudication of this Court.

2. Summary of reasons for appeal;

A. The punishment sentenced by each court below to the defendant (No. 1: imprisonment with prison labor for 4 years, and imprisonment with prison labor for 2 years) is too unreasonable.

(b)the sentence sentenced to the Defendant by the first instance judgment of the Prosecutor is too unhued and unreasonable;

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

As to each judgment of the court below which convicted the defendant, the defendant and the prosecutor (only the guilty part of the judgment of the court of first instance) appealed, and this court conducted a consolidated examination of the above cases.

Each of the crimes committed by the Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed at the same time pursuant to Article 38 of the Criminal Act. Therefore, the above judgment of the court below cannot be maintained as it is.

4. Since each judgment of the court below (the judgment of the court below No. 1 is guilty only) has a ground for reversal ex officio as seen above, the judgment of the court below is all reversed pursuant to Article 364(2) of the Criminal Procedure Act (the judgment of the court below No. 1 is guilty only) without examining the defendant and the prosecutor's unjust assertion of sentencing, and it is again decided as follows after pleading.

[Grounds for the new judgment] Application of each applicable column of the judgment of the court below (including the list of crimes in the annexed sheet) of the summary of facts constituting an offense and evidence (as it is used in accordance with Article 369 of the Criminal Procedure Act)

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 of the Criminal Act.

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