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(영문) 수원지방법원 2015.11.10 2014노7750
사기등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for two years.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal by the Defendant and the defense counsel reflects the mistake of the Defendant; (b) the Defendant is under the real name of the left side of the snow and requires appropriate treatment; and (c) efforts are made to recover damage, etc., each sentence of the lower court that sentenced to imprisonment for one year (the first lower judgment); and (d) one year and six months (the second lower judgment) is too unreasonable.

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be judged concurrently and sentenced to a single punishment pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained further.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions and each fraud in the decision of the choice of punishment with respect to criminal facts: The larceny of each of the judgments of the choice of imprisonment: Article 347(1) of the Criminal Act; Article 329 of the Criminal Act; Article 355(1) of the Criminal Act; special larceny of each decision of the choice of imprisonment: The special larceny of each of the decisions of the choice of imprisonment: Article 331(2) and Article 331(1) of the Criminal Act; Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Article 152 subparag. 1 and 43 of the Road Traffic Act;

1. All other crimes except larceny committed on September 23, 2014 and September 26, 2014, as indicated in Article 35 of the Criminal Act among repeated crimes: Provided, That the judgment is made.

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