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(영문) 창원지방법원 2014.09.24 2014노1526

사기등

Text

1. Of the judgment of the court below, the part concerning Articles 2 and 3 of the judgment of the court of first instance and 1-B and 3 of the judgment of the court of second instance.

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. The first instance court sentenced the defendant to imprisonment with prison labor for two months, one year, one year, two years, one year, one year, one year, one year, one year, one year, one year, one, one, and one year, one, two years, and one year, one of the following, and eight months, and eight months, respectively, with respect to the crime No. 1 as indicated in the judgment of the lower court, with respect to the crime No. 1 as indicated in the judgment of the lower court.

Since the Defendant appealed only for the crimes No. 1-B and No. 3 of the judgment of the court of first instance in the judgment of the court below, the part of the judgment of the court of first instance in the judgment of the court of first instance in the judgment of the court of first instance in which the prosecutor and the Defendant did not appeal, and that of the second part in the judgment of the court

Therefore, the scope of this court's adjudication is limited to the crimes of Articles 2 and 3 and 1-B and 3 of the judgment of the court of first instance.

B. The summary of the grounds for appeal is too unreasonable that each sentence (the crime No. 2 and 3 as indicated in the judgment of the court of first instance: Imprisonment with prison labor for eight months, and No. 1-B and No. 3 as indicated in the judgment of the court of second instance) imposed on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case of the first and second judgment against the defendant was consolidated with the judgment of the court below prior to the judgment on the grounds for appeal of ex officio judgment. The second and third crimes of the court below and the second and third crimes of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this respect, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed, without examining the defendant's allegation of unfair sentencing, and the part concerning the crimes of Articles 2, 3 and 1-B and 3 of the judgment of the court below among the judgment of the court below under Article 364 (2) of the Criminal Procedure Act is all reversed, and it is again reversed through pleading.