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(영문) 광주지방법원 2015.06.16 2014노1929

사기등

Text

The judgment of the court below is reversed.

The defendant shall be sentenced to two years and six months of imprisonment with prison labor for the crimes of subparagraphs 1 through 7, and 8 (b).

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

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

2. According to the records of ex officio determination, the defendant was sentenced to six months of imprisonment, one year of suspended execution, one year of probation, community service, and 80 hours on April 4, 2007 at the Seoul Northern District Court on April 26, 2007, and the judgment became final and conclusive on May 4, 2007. The crime of fraud of Article 8 of the judgment of the court below should have been sentenced in consideration of the balance between the crime for which the above judgment became final and the crime of fraud of Article 37 of the Criminal Act are concurrent crimes, and the case for which the latter part of Article 37 of the Criminal Act is

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence in the judgment of the court are as follows: "The defendant was sentenced to imprisonment for six months, probation period of one year, probation, community service, etc. at the Seoul Northern District Court on April 26, 2007 to 80 hours, and the judgment became final and conclusive on May 4, 2007, and the judgment was changed to "Seoul Seodaemun-gu AA" in paragraph 18 to "Seoul Mapo-gu," and the summary of the evidence is added to "1.............. criminal records in the judgment: criminal records, etc. (A), and investigation reports (report attached to the judgment)" as stated in each corresponding column of the judgment of the court below, except in addition to the addition of "1................., the defendant is cited as it is in accordance

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment), Article 231 of the Criminal Act (the occupation of private document assistance and the choice of imprisonment), and Article 34 of the Criminal Act concerning criminal facts.