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(영문) 대전지방법원 2015.04.10 2014노3912
사기등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment for two years, and Defendant B, for two years.

Reasons

1. The sentencing of the lower court (two years of imprisonment with prison labor for Defendant A and one year of imprisonment for Defendant B) on the gist of the grounds of appeal is too unreasonable.

2. We examine the Defendants’ grounds of appeal ex officio prior to the determination.

The lower court found the Defendant guilty of all crimes of fraud, fabrication of private documents, and uttering of private document, and found the Defendant guilty, thereby omitting the aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act in the application of statutes. Such errors affected the Defendants of the lower judgment, and thus, the lower court’s judgment cannot be maintained any further.

3. The judgment of the court below regarding Defendant A and B is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, and the judgment of the court below regarding this part of the judgment below is reversed, and following the oral argument is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 231 and 30 of the Criminal Act (accomponsing the private document), 234, 231, and 30 of the Criminal Act (accomponsing the private document), Articles 347(1) and 30 of the Criminal Act, and each choice of imprisonment

B. Defendant B: Articles 231 and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Reasons for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against Q with the largest punishment and circumstances);

1. The Defendants were led to the confession of the instant crime, and Defendant A was the first offender without any previous conviction, and Defendant B was not subject to a fine on around 192, and there was no previous and previous criminal punishment and no chronic closed disease.

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