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(영문) 대구지방법원 2019.02.15 2018노3853
사기등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 6 months and 6 months: imprisonment with prison labor for 6 months) by the court below is too unreasonable.

2. The Defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and the court of the first instance decided to hold a joint hearing of each of the above appeals.

As long as the facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged simultaneously and sentenced to a single punishment, so the judgment of the court below cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning criminal facts, Article 347(1) of the Criminal Act, Article 232-2 of the Criminal Act, Article 234 of the Criminal Act, Article 232-2 of the Criminal Act, Article 232 of the Criminal Act, Article 34-2 of the Criminal Act, Article 347-2 of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 of the Criminal Act, the selection of imprisonment for a crime;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant had been already sentenced to five times a fine for the same kind of crime; and (b) the fact that the Defendant did not agree with G of the crime of fraud victim B, F and Fururbing, etc.

However, the fact that the defendant recognizes all of his mistake and reflects it, and that it exceeds the fine.

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