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(영문) 대전지방법원 2017.02.07 2016노3119
사기등
Text

All parts of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by each court below on the accused (the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for two months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment imposed concurrently by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, the part of the judgment of the court below against the defendant cannot be maintained as it is.

3. Since the part of the judgment below against the defendant among the judgment below is reversed ex officio as above, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair argument of sentencing is reversed, and it is again decided as follows.

The summary of facts constituting an offense and evidence recognized by this court among the judgment of the court below as to the part against the defendant shall be as stated in the corresponding column of the judgment below.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment for each type of crime, Article 152 Subparag. 1 and 43 of the Road Traffic Act, and Article 152 of the Road Traffic Act, the selection of imprisonment for each type of crime;

2. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are obtained by the Defendant against many victims who are vulnerable to the crime. In light of the amount of damage and the method of the crime, etc., the crime is very poor; the Defendant has been subject to criminal punishment on several occasions due to the same crime; the Defendant committed multiple crimes during the period of probation; and the victims committed the crime of this case.

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