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(영문) 대구지방법원 2014.03.13 2013노2189
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Each sentence (the first judgment: the fine of KRW 1 million; the fine of KRW 1 million: the second judgment; the fine of KRW 3 million; the fine of KRW 5 million: the third judgment; the fine of KRW 4: the fine of KRW 5 million); and the fine of KRW 5 million) imposed by the original judgment is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, except for adding "The defendant was sentenced to two years of imprisonment with prison labor for the crime of larceny of night building at the port branch of the Daegu District Court on October 31, 2013, and such judgment became final and conclusive on November 8, 2013" to the first head of the facts charged as stated in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of sound driving) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act for the selection of applicable provisions concerning the facts of crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Road Traffic Act of January 29, 2013 and a person who violates the Road Traffic Act of January 29, 2013 (a person who commits a violation of the Road Traffic Act of January 29, 2013) and a person who commits a violation of the Road Traffic Act of January 29, 2013 with heavier punishment);

1. Selection of each alternative fine for punishment;

1. The crimes of the latter part of Articles 37 and 39(1) of the Criminal Act and judgments have become final and conclusive.

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