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(영문) 서울중앙지방법원 2013.07.10 2013노130
사기등
Text

All the decisions of the first instance court are reversed.

The sentence against the accused shall be determined by one year and three months of imprisonment.

Reasons

1. The summary of the grounds for appeal: (a) ex officio decision on February 2, 199; and (b) this court decided to concurrently deliberate on each appeal case against the first instance court decisions; and (c) each of the above offenses, which the first instance court found guilty, shall be sentenced to a single sentence within the scope of a single sentence, in relation to concurrent offenses under the former part of Article 37 of the Criminal Act in accordance with Article 38(1) of the Criminal Act, within the scope of a single sentence. As such, the first instance court decisions against the defendant shall be reversed due to such subsequent triggering circumstances

3. According to the conclusion, the judgment of the first instance court is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of unfair sentencing, and it is again decided following the oral argument as follows.

Since the criminal facts and the summary of the evidence recognized by the court are the same as those of the first instance court decisions, they shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The scope of the sentencing recommended sentence under Article 35(1) of the Criminal Act, Article 347(1) of the applicable law for criminal facts, the choice of punishment (the fraud, the selection of each sentence), Article 225 of the Criminal Act (the alteration of official document), Articles 229 and 225 of the Criminal Act (the use of altered official document), Article 35(1) of the Criminal Act, which increases repeated offenses on January 1, 205, the former part of Article 37, Article 38(1)2, Article 38(1)2, and Article 50 of the Criminal Act, which increases for repeated offenses: 8-4 years [the scope of sentencing recommended for sentencing] of imprisonment [the range of punishment recommended for offenses under Article 2, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, where the risk of occurrence of repeated offense, mitigation factors, and damage has not been significantly realized (the victim's G and U].

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