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(영문) 춘천지방법원 2013.05.29 2012노1020
사기등
Text

The part of the judgment of the court of first instance excluding the compensation order, and the judgment of the court of second instance and the judgment of the court of third.

Reasons

1. The summary of the grounds for appeal (No. 1: 10 months, 2 months, 1 month, 3 months, 1 month, 1 month, 1 month, 1 month) declared by the court below is too unreasonable.

2. Prior to the judgment as to the defendant's assertion on the board of directors, the court below examined the defendant ex officio, and sentenced the defendant to the above punishment. The defendant filed an appeal against each of the above judgment, and the court below decided to hold concurrent hearings. Each of the above offenses of the court below 1, 2, and 3 against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part of the court below's judgment excluding compensation order among the part of the court below's judgment excluding compensation order, and the judgment of the court below excluding the part of the court below's judgment 2, and 3 cannot be exempted from reversal.

3. In conclusion, the part of the judgment of the court of first instance excluding the compensation order, the judgment of the court of second instance, and the judgment of the court of third instance excluding the compensation order excluding the compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act excluding the part of the judgment of the court of first instance excluding the compensation order, and the judgment of the court below excluding

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the above judgment of the court below. 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) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 347(1) and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 2(2) and 3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 356 of the Criminal Act, and Article 356 of the Criminal Act.

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