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(영문) 수원지방법원 2017.04.20 2017노1063

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

No. 1 of the seized evidence

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation, and compensation order) on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, the Defendant was sentenced to two months from the Suwon District Court on February 23, 2017 to imprisonment with prison labor for the crime of injury on March 3, 2017, and the judgment became final and conclusive on March 3, 2017. The crime of injury and the crime of injury on which the judgment of the court below against the Defendant became final and conclusive on March 3, 2017 is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of this case in consideration of equity with the case where the judgment is to be rendered at the same time under Article 39

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's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] Criminal facts and summary of evidence acknowledged by this court and summary of evidence were terminated as stated in the judgment below 3 criminal facts.

“Termination,” and thereafter, the judgment became final and conclusive on March 3, 2017, upon having been sentenced to two months from the Suwon District Court on February 23, 2017 as an injury to a housing site source.

Article 369 of the Criminal Procedure Act provides that “A shall be added at the end of the judgment of the court below and the summary of the evidence is as stated in the corresponding column of the judgment of the court below, except that “A shall be added to “1. B. B. B. B. B. B. B. B. B. B. B. B. B. B. 2017 J. L.C. 201 J. B.C. 201. B.C. 173. B. B.

Application of Statutes

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

1. Article 35 of the Criminal Act for aggravated repeated crimes (the criminal record of fraud exists) 1.