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(영문) 광주지방법원 2016.10.19 2016노430
사기등
Text

All parts of the judgment of the court below, excluding the compensation order, shall be reversed.

Defendant

A Punishment for A.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (No. 1 and 3 months, 2 months, 3 months, and 2 months, and 3 months, respectively) by Defendant A1 through 3 is too unreasonable.

B. Each of the punishments of the court below [the defendants A (each of the punishments in the court below) and the defendants B (the two years of suspended execution in one year of imprisonment with prison labor for the court below, the three years of suspended execution in six months of imprisonment with prison labor for the court below] against the defendants in the first to the court below is deemed unfair.

2. Before the judgment on the grounds of appeal on the grounds of appeal, this Court examined ex officio the cases of appeal against the Defendants by combining each of the judgment below against the Defendants (Defendant A: Defendant A: Defendant B: Defendant B) and each of the judgment below against the Defendants. Each of the crimes of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from all of its reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by Defendant A and the prosecutor on the ground of the above ex officio reversal. The remaining parts of the judgment of the court below excluding the compensation order part among the judgment below are reversed, and this decision

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and summary of evidence as stated in the corresponding column of the judgment below in Articles 1 through 3.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles 347(1) and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the sole fraud by Defendant A), Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime committed by a driver assault), Defendant A who has selected imprisonment: Articles 347(1) and 30 of the Criminal Act

1. Defendants among concurrent crimes: each of the Defendants.

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