(영문) 전주지방법원 2015.01.30 2014노1279 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.01.30 2014노1279

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. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below and the court below ex officio before determining the grounds for appeal by the public prosecutor and the defendant, the facts that the defendant was released on September 30, 2008 and the period of punishment has expired on November 5, 2008 while he was sentenced to ten months of imprisonment for fraud at the former District Court on February 13, 2008. Thus, the court below's judgment which committed each crime under paragraph (1) from May 11, 2011 to June 21, 2011, and each crime under paragraph (2) (excluding a repeated crime under Table 2.11) of the judgment of the court below which committed from July 20, 201 to October 19, 2011, and each of the above crimes could no longer be deemed to have been committed while omitting imprisonment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows: "The defendant was released on September 30, 2008 and the period of the punishment has expired on November 5, 2008 while he was sentenced to ten months of imprisonment for fraud at the Jeonju District Court on February 13, 2008," and "1. Criminal records" are added to the summary of evidence concerning "201. Criminal records" and therefore, they are identical to the corresponding column of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

참조조문

-형사소송법 제364조 제2항

-형사소송법 제369조

유사 판례

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-수원지방법원 2015.01.14 2013고단7152