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(영문) 광주지방법원 2014.10.29 2013노2808
사기
Text

[Defendant A] Each of the crimes committed by Defendant A among the cases of the first and second first and second court judgment No. 2014 high-ranking285.

Reasons

1. Summary of grounds for appeal;

A. Defendants’ respective sentences [Article 1: 1.6 months of imprisonment: Defendant C3 years, Defendant A1 and Defendant C: Defendant C with respect to the former part of the order of the third judgment (Defendant C): imprisonment for three months, and imprisonment for three months on the latter part of the order of the third judgment and imprisonment for three months on the latter part of the order of the third judgment] are too unreasonable.

B. The above punishment against the Defendants of the second judgment of the court below on the prosecutor (the second judgment on the judgment of the court below) is too unfasible and unfair.

2. Determination

A. After the court of original judgment (Defendant C) 2 and 3 completed a separate hearing with respect to Defendant C, the court of original judgment sentenced each of the above imprisonment with prison labor. Defendant C decided to hold a joint hearing by filing an appeal with respect to each of the above decisions, the prosecutor filed an appeal with respect to the second original judgment against Defendant C, and decided to hold a joint hearing by this court.

Defendant

C On May 23, 2013, at the Gwangju District Court, sentenced one year and six months of imprisonment for fraud and the above judgment was finalized on the 31st of the same month. Each of the crimes in the second judgment of the lower court of the Defendant C and each of the crimes listed in the former part of the third judgment of the lower court in the former part of Article 37 of the Criminal Act are concurrent crimes with the above crimes for which judgment became final and the latter part of Article 37 of the Criminal Act, and at the same time, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, each of the crimes listed in the former part of Article 37 of the Criminal Act against Defendant C

[On the other hand, with respect to each of the crimes listed in the latter part of Article 37 of the Criminal Act, which are not concurrent crimes with the above judgment, the punishment shall be determined separately from each of the above crimes, for which the ground for ex officio reversal exists, and this part of the crime has no ground for ex officio reversal as to each of the above crimes.]

The crime of this part of the judgment of the court of first instance against Defendant A is a social relationship in collusion with Defendant A, etc.

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