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(영문) 광주지방법원 2013.07.24 2013노473

사기등

Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The defendant shall be 40 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (one year and six months of imprisonment, six months of imprisonment, and 40 hours of order) imposed by the court below on the defendant is too unreasonable.

2. Prior to the determination of the Defendant’s argument on the grounds of appeal, the first instance court held that the Defendant filed an appeal against the instant judgment by both the lower court and the pleadings were combined in the trial. However, each offense against the Defendant, which the lower court rendered against the Defendant, should be adjudicated simultaneously in accordance with Article 38 of the Criminal Act and sentenced to a single sentence. Thus, the lower court’s judgment was no longer maintained.

3. Accordingly, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 329 of the Criminal Act, Article 245 of the Criminal Act, Article 245 of the Criminal Act, the choice of imprisonment for a crime

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) committed the crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attending the Defendant three times, theft of the victim H’s property, assaulting the victim D, exposed the sexual organ before the victimized women through seven times, and the nature of the crime was bad, and the Defendant did not make any effort to recover damage. The Defendant was on August 201.