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(영문) 수원지방법원 2013.04.11 2013노145
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that each of the original judgment’s sentence (eight months of imprisonment) is too unreasonable.

2. Determination:

A. Although the judgment of the court below that the defendant appealed in relation to the first and second judgment was consolidated in the trial, each crime of the court below against the defendant does not constitute a concurrent crime under the former part of Article 37 of the Criminal Act, and thus the sentencing of each judgment of the court below is appropriate. Thus, this paper examines the appropriateness of sentencing of each judgment of the court below.

B. The judgment of the court of first instance on the sentencing of the crime of this case was affirmed by the defendant, agreed with the victim K, and the crime of violation of the Road Traffic Act (driving) which became final and conclusive by concurrent crimes under the latter part of Article 37 of the Criminal Act is considered. However, these circumstances are already considered in the judgment of the court of first instance; the defendant has the record of having been sentenced to imprisonment due to the same kind of crime; the damage amount and the victim have not been agreed with most victims (P, R, T, V, X, Z, AB, and D) and not recovered from damage; some of the victims (R, Z) wanted to be punished against the defendant; and all of the other crimes of this case, the circumstances and contents of each crime of this case, circumstances after the crime, age, personality and conduct of the defendant, family relations, occupation conditions, etc., are considered, and the defendant's assertion on this part of the judgment below is not reasonable.

C. Although the judgment of the court below on the sentencing of the second instance judgment is consistent with the confession of each of the crimes in this case, and the victim was the victim of the crime resulting from the bodily injury resulting from dangerous driving, such circumstance is already considered in the judgment of the court below, and it is the crime of drinking driving.

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