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(영문) 대전지방법원 2014.01.16 2013노1592

사기등

Text

The judgment of the court below of first instance, excluding the compensation order, shall be reversed in entirety.

Reasons

1. Summary of grounds for appeal;

A. Each punishment (the first instance judgment: imprisonment with prison labor for not less than one year and two months, fines not exceeding 80,000 won, and fines not exceeding five million won) imposed by the Defendant in the lower judgment is unreasonable.

B. The sentence imposed by the court of first instance by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2013No1592, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No2526, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes in the first and second judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of second judgment cannot be maintained any more.

3. The judgment of the court below on the conclusion of the judgment below is reversed all the judgment below, except the compensation order portion under Article 364(2) of the Criminal Procedure Act, and the following is again decided after the oral argument, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts (each fraud is committed, each fraud of the judgment of the court of first instance is decided, each fraud of the judgment below is imprisonment, each fraud of the judgment of the court of second instance is decided, since the defendant requires a formal trial, the defendant is entitled to a fine in accordance with the principle of prohibition against disadvantageous alteration), Articles 84(2) and 69(1) of the Military Service Act

1. Article 35 of the Criminal Act (as to each fraud of the judgment of the court below No. 1), among repeated crimes

1. As to each crime of fraud of the judgment of the court below of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act among concurrent crimes.