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(영문) 대전지방법원 2013.07.04 2013노685
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment of imprisonment with prison labor for a maximum of one year and six months, and that of a short of one year is too unreasonable.

2. Before the judgment on the grounds of appeal on the grounds of appeal, we examine ex officio prior to the judgment of the court below, and the defendant, as Twelves, was a juvenile under Article 2 of the Juvenile Act at the time of sentencing, but it is apparent that the defendant was not a juvenile as of the date of sentencing of this case. Accordingly, the judgment of the court below which sentenced the defendant an irregular sentence under Article 60(1) of the Juvenile Act against the defendant

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 352 and Article 347 (1) of the Criminal Act, Article 352 and Article 347 (1) of the Specialized Credit Financial Business Act, Article 152 and Article 43 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 148 and Article 54 (1) of the Road Traffic Act (the selection of a person who commits a crime by occupational negligence, the selection of a person who commits a crime by negligence, the selection of a person who

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant recognizes each of the crimes of this case and reflects the fact, and that it comes to the trial.

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