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(영문) 광주지방법원 2017.03.09 2016노4561

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 8 months, and imprisonment with prison labor for 1 year and 4 months) of the lower court is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act, since each crime of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. The court below's conclusion is reversed ex officio 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 through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: the summary of the evidence of the first instance court’s judgment (“1. The Defendant’s partial statement” as “1. The Defendant’s in-court statement” as “1. The Defendant’s in-court statement”; therefore, it is identical as stated in each corresponding column of the lower court’s judgment, and thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 347 (1) of the Criminal Act (including each victim), and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Reduction area (10 months to two years and six months) in the mitigated area (10 months from 10 months to 500, and less than 500,000) of Class 2 (the scope of the recommended punishment) of the General Fraud on the sentencing criteria (the scope of the recommended punishment) [the person who has been specially mitigated] of the punishment;

2. When the defendant was found to have been sentenced, the confession and reflects all of the crimes of this case, the victims do not want the punishment of the defendant, and the fact that the defendant was the first offender is favorable to the defendant.