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(영문) 수원지방법원 2016.05.18 2015노7130

사기

Text

The judgment of the court below is reversed.

Defendant is each of the crimes of the 2013 High Order 342 High Order and the 2014 High Order 986 High Order.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution, and two hundred hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment

On August 30, 2011 and September 20, 2011, the crime of fraud in the 2013 senior group 342 case, which was decided by the court below, was committed on or around April 3, 2007. The crime of fraud in the 2014 senior group 986 case, which was decided by the court below, was committed on or around January 23, 2013. The defendant committed a crime in the 2013 senior group 392 case, which was decided by the court below, and the defendant was committed on or around December 14, 2011, which was the crime prior to the above final judgment, and therefore, the court below sentenced only one of the above crimes to the 2013 senior group 342 cases and the 2014 senior group 986 cases to each of the above final judgment, which was decided on before and after the above final judgment, and sentenced only one of the above crimes to the defendant under Article 37 of the Criminal Act and Article 3014 of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;