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(영문) 대전지방법원 2015.06.10 2014노2841
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (Article 1 and 8 months of imprisonment with prison labor for the first instance court, and Articles 2 and 3 months of imprisonment for the second instance court) declared by the lower court against the Defendant is too unreasonable.

2. Ex officio determination of this court decided to consolidate the appeal cases of the court of first instance against the defendant and the appeal cases of the court of second instance. On the other hand, each of the offenses which the court of first instance found guilty in each of the concurrent offenses under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first and second instance shall be reversed in this respect.

3. As such, the first and second judgment of the court below are reversed without examining the Defendant’s assertion of unfair sentencing, and the first and second judgment of the court below are all reversed, and the following is again decided upon through pleading.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. From among concurrent crimes, the following facts are unfair: (a) the Defendant repeatedly commits a crime of the same kind of several methods for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the amount of damage incurred by the Defendant’s crime is a very large amount; (c) the victims have not recovered from their damage; and (d) the victims have not been punished against the Defendant.

On the other hand, the defendant's perception of all of his own crimes is against the very serious attitude, and the defendant's business became difficult and led to each of the crimes of this case. Therefore, some of the motive of the crime can be considered.

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