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(영문) 창원지방법원 2013.03.22 2012노2575

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

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Reasons

1. The summary of the grounds for appeal (the first judgment: the fine of KRW 2 million, and the second judgment: imprisonment of KRW 1 year) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the first judgment and the appeal case against the second judgment was examined concurrently. Each of the above offenses in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, each of the judgment below against the defendant cannot be reversed.

3. If so, the judgment of the court of first and second trials on the grounds of ex officio reversal as seen earlier is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court of first and second trials are all reversed, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 314(1) of the Criminal Act and Article 260(1) of the Criminal Act, each of the choice of punishment for the crime, shall be punished by imprisonment with prison labor;

2. Article 35 of the Criminal Act among repeated crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. The punishment of sentence under Article 333(1) of the Return Criminal Procedure Act is executed after the defendant was sentenced to imprisonment with prison labor due to night, loss, intrusion, theft, etc. in favor of the fact that the defendant confessions each of the crimes of this case and is against confinement life.