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(영문) 광주고등법원 (전주) 2018.04.03 2017노113 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. Ex officio determination: (a) considering the previous Jeju District Court 2015 High Court 2015 High Court 2015 High Court 2015 High Court 2013 High Court 2015 High Court 2015 High Court 2015 High Court 105 High Court 2016 High Court 2016 High Court 1954 High Court 2016 High Court 2016 High Court 2017 High Court 2017 High Court 2017 High Court 1992 High Court 192 High Court 192 High Court 20 and the defendant's oral statement, the defendant was sentenced to imprisonment with labor for one year with prison labor for a violation of the Subsidy Management Act and two years, and the judgment becomes final and conclusive on February 13, 2018, the part of the judgment below 3rd Court 2017 High Court 207 High Court 2017 High Court 3rd of the Criminal Act 2012.

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

【Inasmuch as the judgment again used] The criminal facts against the defendant recognized by the court of this case in the column of criminal records among the criminal facts of the judgment of the court below, “The defendant was sentenced at the Jeonju District Court on August 9, 2017 to one year for the crime of fraud, the violation of the Subsidy Management Act, and two years for suspended execution, and the judgment becomes final and conclusive on November 2, 2017, and on February 13, 2018.