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(영문) 창원지방법원 2018.06.28 2018노585
사기
Text

We reverse the judgment of the court below.

The defendant is at least 1 year a year of crime sight, among crimes No. 1 of the ruling of the first instance judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (two months of imprisonment and two years of imprisonment) is too unreasonable.

B. The lower court’s sentence No. 2 (4 months of imprisonment) is too unhued and unreasonable.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant appealed against the judgment of the court of first instance, and the Prosecutor appealed against the judgment of the court of first instance. The Prosecutor appealed against the judgment of the court of second instance, and this court decided to hold a joint hearing of each of the above appeals cases.

On the other hand, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court on April 7, 2016 and the judgment becomes final and conclusive on July 7, 2016. Of the judgment below, each of the remaining crimes in the judgment of the first instance and each offense in the judgment of the second instance in the judgment of the first instance except for the crime committed once again in the table of crime No. 4044 in the attached Form No. 1 of the judgment of the court below, shall be sentenced to a single sentence within the scope of the punishment aggravated under Article 38(1) of the Criminal Act, and each offense in the judgment of the second instance in the judgment of the court below in the judgment of the first instance shall be sentenced to a single sentence within the scope of the punishment aggravated under Article 37(1)

3. As such, the court below's decision is reversed, and it is so decided as follows, without examining each of the above grounds for reversal of authority. The judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes provided that Article 39(1) (No. 1 of the judgment of the court below as to the case No. 2017 order No. 4044 of the judgment of the court of first instance) is re-written a year of a list of crimes in the annexed Form

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