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(영문) 대전지방법원 2019.01.30 2018노3392
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for a special injury crime, etc. at the Daejeon District Court on July 11, 2018, and appealed against the above judgment but the appeal by the same court on November 23, 2018 was dismissed, and the above judgment by the first instance court on December 1, 2018 became final and conclusive.

Thus, the crime of fraud of this case and the special injury crime of this case committed before the above judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the application of the latter part of Articles 37 and 39(1) of the Criminal Act is necessary. Thus, the judgment of the court below is no longer

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

【The reasoning of the judgment of the court below in light of the facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the facts constituting a crime and the summary of the evidence are as follows: “The defendant was sentenced to eight months of imprisonment with prison labor for a special injury, etc. at the Daejeon District Court on July 11, 2018 and the above judgment became final and conclusive on December 1, 2018,” and “1. The summary of the evidence is as follows: Daejeon District Court Decision 2018No2164 of the Daejeon District Court Act, Daejeon District Court Decision 2018No2164 of the Daejeon District Court Act, Daejeon District Court Decision 2018No2164 of the Daejeon District Court Act, Daejeon District Court Decision 2018No2164 of the Daejeon District Court Act,” and thus, it is 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 crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Procedure Act for concurrent crimes are that the defendant purchases the automobile in the name of the victim.

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