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(영문) 부산지방법원 2017.01.20 2016노2964
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

On the summary of the reasons for appeal No. 1, the defendant asserts that the court below's punishment of the court below No. 1 (one year of imprisonment) is too unreasonable, while the prosecutor asserts that the above punishment is too unfeasible and unfair.

On the judgment of the court below No. 2 and 3: The punishment of the court below No. 2 and 3 against the defendant (4 months of imprisonment) is too unreasonable.

As the judgment of the court of first instance on the defendant's ex officio judgment is rendered, both the judgment of the court of first instance shall be sentenced to the judgment of the court of first instance, and the defendant filed an appeal against the judgment of the court of first instance on the grounds of unfair sentencing, and the court of first instance shall decide to concurrently examine the above case of appeal. Each offense against the defendant in the judgment of the court of first instance shall be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment 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 crime in question (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), Article 231 of the Criminal Act (the point of embezzlement of private documents), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Articles 15(2) and 6-2 of the Act on the Establishment of Local Reserve Forces, Article 10 of the Resident Registration Act (the point of violation of the Act on the Establishment of Local Reserve Forces), Articles 71 subparag. 2 and 18(1) of the Personal Information Protection Act (the point of use of private information for any purpose other than personal information)

1.Article 40 of the Criminal Code of Trade and Trade.

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