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(영문) 광주지방법원 2017.08.31 2017노1561
사기등
Text

All judgment of the court below shall be reversed.

The defendant shall be punished by imprisonment with prison labor for not less than four months and 1.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court, with respect to the crimes set forth in Articles 1, 3 and 5 as indicated in its holding, 4 months of imprisonment and 2 as to the crimes set forth in its holding, 4 months of imprisonment, 2 months of imprisonment, 3 months of imprisonment, and 6 months of imprisonment) is too unreasonable.

B. The first sentence of the lower court on the inspection is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant and the prosecutor (only filed an appeal against the judgment of the court of first instance) filed an appeal against the judgment of the court below, and this Court tried the three appeals jointly. The judgment of the court below cannot be maintained, since the crime of Articles 1, 3 through 5 and the crime of Articles 2 and 3 of the judgment of the court of second instance in the judgment of the court of first instance in the judgment of the court of first instance is concurrent crimes under Article 38 (1) 2 of the Criminal Act in the former part of Article 37 and the crime of Articles 38 (1) 2 of the Criminal Act is concurrent crimes.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio reversal grounds. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts, each of the choice of punishment (the crime against the victim C, AG, AI, and AJ shall be included by the victim), Article 231 of the Criminal Act (the fact of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the fact of exercising the above investigation document), and each of the choice of imprisonment;

1. Subsequent to Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That Article 39(1) (with respect to the crimes of forging each private document, the crimes of forging the said private document, and the crimes of fraud related to each document);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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