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(영문) 서울남부지방법원 2016.01.21 2014노573
사기
Text

The judgment of the court below is reversed.

Defendant 1-2

(a) 2,00,000 won for the crime(b).

Reasons

1. Ex officio determination

A. On September 2, 2015, the Defendant did not submit a written reason for appeal within 20 days, which is the period for submission of the written reason for appeal, even after receiving a notice of receipt of the records of trial from this court on September 2, 2015, and the petition of appeal does not contain any indication of the reason for appeal, and there is no reason for appeal to be determined by this court (the reason for filing a request for appeal of the right of appeal is

B. According to evidence duly adopted and examined at the trial of the party, the defendant was sentenced to a suspended sentence of two years on October 14, 2005 to imprisonment for the violation of the Regulation and Punishment of Speculative Acts, etc. at the Gwangju District Court on August 22, 2005, and the above judgment became final and conclusive on August 2 of the same month. As such, the crime for which the judgment became final and conclusive and the crime No. 1-A and (b) of the criminal facts in the judgment of the court below are concurrent crimes after Article 37 of the Criminal Act, and the punishment is determined at the same time after examining whether to reduce or exempt punishment in consideration of equity and cases where the punishment is to be ruled pursuant to Article 39(1) of the Criminal Act, and the court below rendered a single punishment for each of the above crimes separately from the crime of Article 1-C of the judgment of the court below. The judgment below erred by misapprehending the treatment of concurrent crimes

Therefore, the judgment of the court below is no longer maintained.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by the court and the summary of the evidence are as follows. The first head of the criminal history of the judgment of the court of the court of the court below was sentenced to a suspended sentence for eight months by imprisonment with labor for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Gwangju District Court of Gwangju on October 14, 2005.

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