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(영문) 대전지방법원 2013.08.13 2012노2607
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Each sentence (the first sentence: the imprisonment of April and the suspended execution of the sentence; the second sentence: the imprisonment of one year and the suspended execution of the sentence) which the original court pronounced in the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2012No2607, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No112, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of second and second instances

3. According to the conclusion of the judgment below, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime

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

1. The reason for sentencing under Article 62(1)(C) of the Criminal Act is that the Defendant does not want the punishment of the Defendant, in consultation with D, H, and I, who is the victim of the instant fraud or embezzlement case, or the nominal owner of the relevant private document forgery case, and that the said victim and nominal owner do not want the punishment of the Defendant.

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