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(영문) 청주지방법원 2014.08.14 2014노375
사기
Text

Of the judgment of the first instance, the part on the second crime (excluding the part on the compensation order) and the second judgment.

Reasons

1. The summary of the grounds for appeal (the first instance court: exemption from punishment and the second instance court: imprisonment with prison labor for 8 months and 2 months) declared by the court below as to the crime No. 1 as stated in the judgment of the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining the appeal cases against each judgment of the court below. Among the judgment of the court of first instance, each of the crimes of subparagraphs 2 and the former part of Article 37 of the judgment of the court of second instance, in relation to concurrent crimes as stated in the judgment of the court of first instance, shall be sentenced to one punishment within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the part concerning the crimes of Article 2 of the judgment of the court of first instance (excluding the part concerning compensation order) and the part concerning

3. Of the judgment of the first instance court, the first instance court exempted the Defendant from punishment on this part of the crime in consideration of equity in the case where the Defendant was concurrently tried on a concurrent crime between this part of the crime and the crime of fraud under the latter part of Article 37 of the Criminal Act. Since the lower court’s punishment is too unreasonable and it is not recognized that the Defendant’s allegation of unfair sentencing on this part is unreasonable, the Defendant’s assertion of unfair sentencing on this part

4. In conclusion, since the part concerning the crime No. 2 of the judgment of the court of first instance (excluding the part concerning compensation order) and the part concerning the rejection of the application for compensation order among the judgment of the court of second instance excluding the above part concerning the rejection of the application for compensation order, the above part shall be reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal against the crime No. 1 of the judgment of the court of first instance shall be dismissed under Article 364 (4) of the Criminal Procedure Act,

However, "1...." is applicable to the law of the second judgment.

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