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(영문) 춘천지방법원 강릉지원 2016.04.07 2015노348

사기

Text

All judgment of the court below shall be reversed.

Of the lower judgment of the second instance, as to the crime No. 2 of the judgment No. 2015 [Attachment 951].

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 1 year, and 2 year, and 10 months, and 3 months, and 6 months, of imprisonment) imposed by the lower court is too unreasonable.

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

A. In the first instance court’s judgment, the prosecutor applied for amendments to a bill of amendment to the Criminal Act with the phrase “2, April 14, 2014,” “as of April 14, 2010,” “as of April 15, 2014,” “as of April 15, 2010,” “as of April 15, 2010,” “as of April 15, 2010,” “as of May 29, 2013,” “as of May 30, 2013,” “as of May 30, 2013,” “as of May 30, 2013,” “as of May 30, 2013,” “as of the first sentence of Article 1, 2, and 3 of the Criminal Act, the court shall grant permission to the same, thereby consolidating the remainder of the charges under Article 25(2)1 of the Criminal Act with the exception of the first sentence.

B. Meanwhile, the record reveals that the Defendant was sentenced to a suspended sentence of three years on September 29, 201 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a thief that has been partially modified) in the early branch of the Chuncheon District Court on December 10, 2010, and the judgment became final and conclusive on September 29, 201; as to the crime committed by the Defendant prior to the final and conclusive date of the said judgment, the Defendant was sentenced to a suspended sentence of one year to one year of imprisonment due to fraud, etc. at the early branch of the Chuncheon District Court in the Chuncheon District Court on July 19, 201, and the judgment became final and conclusive on July 27, 2011. The second judgment of the court below of the second judgment on July 2015 and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the partial alteration of a name of a crime), and the crime of violation (the partial alteration of a name of a crime), Article 37 of the Criminal Act.