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(영문) 전주지방법원 2015.01.23 2014노1083
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The respective punishment (the first judgment: the imprisonment of 10 months and the imprisonment of 4 months) of the judgment of the court below against the defendant in the summary of the grounds for appeal is unfair.

2. Before examining the grounds for appeal by the defendant's ex officio, the court below examined the defendant's reasons for appeal ex officio, and sentenced the defendant to imprisonment for 10 months with prison labor for the former and 4 months for the latter in prison, after completing separate hearings with the former District Court 2014DaDa361 and the former District Court 2014Gadan465, respectively, and sentenced the defendant to imprisonment with prison labor for the latter. The defendant filed an appeal against each of the above decisions, and the party members decided to jointly deliberate on the above two appeals. The first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment with prison labor for the latter in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the defendant was all reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal as above, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in the corresponding column of the judgment below, except for the case where the " 9......" of the judgment of the court of first instance was used as the " 11..... of the same month" of the judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes all of the crimes of this case and reflects each of the crimes of this case, the first offender who has no record of crime, and the defendant supports the wife and his father.

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