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(영문) 의정부지방법원 2017.05.12 2017노269
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is too unreasonable and unfair (the Defendant and his defense counsel explicitly withdrawn the assertion of mistake and misunderstanding of the legal principles on the three-time pleadings). 2. Prior to the judgment on the grounds for appeal by the Defendant on August 31, 2012, the record reveals that the Defendant was sentenced to eight months of imprisonment by the District Court on August 31, 2012 and the judgment became final and conclusive on December 8, 2012. As such, the crime of breach of trust and the instant crime of this case, for which the judgment became final and conclusive, should be sentenced in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act, and thus, the lower judgment cannot be upheld.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “The Defendant was sentenced to eight months of imprisonment for breach of trust at the Jung-gu District Court on August 31, 2012, and the judgment became final and conclusive on December 8, 2012.

“1. A previous conviction in the judgment: A reply to inquiry, such as criminal history, and a criminal investigation report (other than addition, the report on the same criminal record and review related to the real estate in this case)” is the same as the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 39(1) of the Criminal Act are as follows: Provided, That in the case of this case, the defendant and his partner are as the project cost before the Busan detention house, the victim promoted around 2006.

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