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(영문) 대전지방법원 2015.07.29 2015노407

사기등

Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (Article 1:6 months of imprisonment with prison labor for the first instance court and the second instance court's imprisonment with prison labor for the second instance court) is too unreasonable.

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 instance. On the other hand, each of the offenses which the court of first instance found guilty in each of the concurrent offenses under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first and second instance shall be reversed in this respect.

3. As such, the first and second judgment of the court below are reversed without examining the Defendant’s assertion of unfair sentencing, and the first and second judgment of the court below are all reversed, and the following is again decided upon through pleading.

[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 provisions of the Criminal Act and Articles 347(1), 352, 347(1), 347-2, 329, and 319(1) of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment, respectively; Article 89-2 subparag. 1 of the Military Service Act;

1. From among concurrent crimes, the crime of fraud in this case committed against multiple victims on the grounds of sentencing under the former part of Article 38, Article 38(1)2, and Article 50 of the Criminal Act is very poor in light of the applicable law and content, etc.