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(영문) 부산지방법원 2017.11.24 2017노1834
사기등
Text

1. Of the judgment of the court below, No. 3 and the judgment of the court below No. 1-2

B.5) The table of annexed crimes (4) net time.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (the first instance judgment: 6 months; imprisonment with prison labor for 1 year; imprisonment with prison labor for 4 years; imprisonment for 3 years: imprisonment with prison labor for 1 year; imprisonment with prison labor for 1 year; imprisonment with prison labor for 1 year; imprisonment with prison labor for 4 months) is too unreasonable.

(b)each of the above types sentenced by the Prosecutor Nos. 3 and 4 is deemed too unhued and unreasonable;

2. Determination

A. Before determining the grounds for appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court below, and the pleadings have been combined in the trial of the court. Each crime of the judgment of the court of first instance, each of the crimes of the judgment of the court of first instance, and the crimes of the judgment of the court of second instance, and the judgment of the court of second instance

B. 5) The list of annexed crimes (4) No. 1 to No. 4, the remaining crimes except the crimes No. 6 in the holding, the crimes No. 1 in the judgment of the fourth court, and the crimes No. 3 in the concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act. Thus, one of the judgment of the court below, the judgment of the court below, and the judgment of the court below No. 1 to which a separate punishment for each of the above crimes was imposed, is the concurrent crimes under Article 38(1) of the Criminal Act.

B. 5) The part concerning the crimes listed in the judgment of the court below, No. 1, and No. 3 in the judgment of the court below, except for the crimes listed in No. 4 from No. 1 to No. 6 in the judgment of the court below, No. 4 in the judgment of the court below, and No. 3 in the annexed List No. 4

(b) No. 1 of the judgment of the second instance;

B. 5) The Defendant’s wrongful determination of the Defendant and the Prosecutor’s unjust determination of the sentencing of the crime No. 4 from No. 1 to No. 6 in the judgment of the first instance court, as to the crime No. 2 in the judgment of the second instance in the judgment of the first instance in the annexed crime list No. 4, and the second instance judgment of the second instance in the judgment of the first instance.

B.5) It is recognized that the punishment should be imposed in consideration of the equity between the crime committed on September 4, 2014 and the crime committed on June 23, 2017, etc., which was determined by the judgment, with respect to the crime No. 4 from No. 1 to No. 4, and the crime No. 6 in the holding, at the net time of the crime list No. 1 to No. 1

However, the form, method, and method of each of the crimes in this case.

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