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(영문) 전주지방법원 2016.02.17 2015노1652
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (the first instance court: the imprisonment of 8 months and the second instance court: the imprisonment of 6 months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, prior to the judgment on the grounds for appeal, the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the aforementioned ex officio reversal grounds.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting the crime (including the fraud and the fraud to the victim K), Article 231 of the Criminal Act (the above Article of private document) and Articles 234 and 231 of the Criminal Act (the exercise of the above investigation document) of the same Act;

1. Articles 40 and 50 of the Criminal Act (a punishment stipulated for the crime of speculation in the relevant investigation document on January 27, 2012, between the crimes of gambling in the said investigation document and the crimes committed on January 27, 2012) of the same Act;

1. Selection of each sentence of imprisonment;

1. The defendant's 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 against the confession of each of the crimes in this case.

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