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(영문) 수원지방법원 2013.03.27 2013노233
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 is too unreasonable that each of the original judgments (the first instance judgment: imprisonment of 1 year and 6 months, and the second instance judgment: imprisonment of 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second instances of appeal against the defendant were examined and tried by the court below. Each of the crimes in the first and second instances of appeal against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term or amount increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, 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 defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (as to each fraud of the judgment of the court below, Article 1)

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (up to concurrent crimes with punishment stipulated in Article 2 of the judgment of the court of first instance, which is the largest of the offenses), the defendant committed the instant crime at another time despite the past record of having been punished several times as a crime of the same type of fraud (three times of imprisonment with prison labor, one time of suspended execution of imprisonment with prison labor, and three times of fines), and the number of the instant fraud crimes does not have a large number of times, and the defendant habitually peeps with other similar methods.

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