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(영문) 수원지방법원 2014.08.21 2014노2893
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (short-term two years of imprisonment and short-term two years of imprisonment) is too unreasonable.

Since the judgment of the court below ex officio was made by the defendant with V and it is apparent that the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it became the adult in the trial, the judgment of the court below that sentenced the defendant to the non-guilty punishment under Article 60 of the Juvenile Act cannot be maintained

Therefore, the judgment of the court below is reversed pursuant to 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 ground of the above ex officio reversal.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration numbers) and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Each of the crimes of this case on the grounds of sentencing under Article 48(1)1 (No. 9 through 11) of the Criminal Act and Article 48(1)2 (No. 1 and 2) of the Criminal Act is the case where the defendant wrongfully uses the resident registration numbers of other persons 15 times in the course of acquiring money from the victim G, P andO by fraud and remitting money from the victims, etc. under the so-called “Sscaming” method. Thus, the several crimes are very likely to be committed in a systematic, planned, and intelligent manner.

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