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(영문) 창원지방법원 2016.08.18 2015노2901
사기등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 1 year and 6 months) imposed on the Defendant in the lower judgment is too unreasonable.

B. The sentence imposed on the Defendant in the judgment of the first instance court by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below No. 1 and No. 2 against the defendant was sentenced to the judgment of the court below No. 1 and No. 2, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the court decided to hold concurrent hearings against the above two appeals cases. The crime of the judgment No. 1 and No. 2 against the defendant is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of first instance cannot be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, since there is a ground for reversal of authority as seen earlier. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without any judgment of the court below as to the defendant 1 and 2 and the prosecutor's

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to 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 Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of fraud), Articles 356 and 355(1) of the Criminal Act, Article 231 of the Criminal Act (the point of occupational embezzlement), Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the choice of punishment for the crime

1. The reasons for sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are about two years.

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