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(영문) 대전지방법원 2015.10.28 2015노1337

상습사기등

Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of first instance shall be reversed in entirety.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (Article 1: 3 years of imprisonment with prison labor for the first instance court, and Articles 2 and 3 months of imprisonment with prison labor for the second instance court, and 3 months of imprisonment with prison labor for the third instance court) that the lower court declared against the

2. Ex officio determination of this court decided to consolidate the appeal cases of the court of first instance against the defendant and the appeal cases of the court of second and third judgments. On the other hand, each of the offenses committed in the judgment of the court of first instance which was convicted of each of the defendants is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment, which is subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. Therefore, the part against the defendant among the judgment of the court of

3. As such, the part of the judgment of the court of first instance against the defendant and the decision of the court below on the grounds of ex officio reversal as seen earlier, the part of the judgment of the court of first instance as to the defendant and the judgment of the court of first instance are reversed, and the judgment of the court below as to the defendant are all reversed, and the decision is

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the facts of the crime of this case are the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 38, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant does not know about the period of repeated crimes for the same kind of crime and committed each of the crimes of this case. The defendant's crime of this case is committed against a large number of victims for a long time, and the nature of the crime is very poor in light of the relevant method and form, and the victims' damage has not been recovered.