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(영문) 수원지방법원 2016.12.15 2016노7274

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

evidence of seizure.

Reasons

1. Each sentence (No. 1: imprisonment of one year and six months, and imprisonment of eight months, and confiscation) declared by the original court which declared the gist of the grounds for appeal is unreasonable.

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

As the judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the above judgments, the defendant filed an appeal against the above two cases, and the court of second instance decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court of first instance cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through the pleading.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 37 subparagraph 8 of the Resident Registration Act, Article 347 (1) of the Criminal Act, Article 230 of the Criminal Act, Article 232-2 of the Criminal Act, Article 234 and Article 232-2 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.