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(영문) 대전지방법원 2015.08.19 2014노3504
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first instance judgment: imprisonment with prison labor for 6 months and 6 months) sentenced by the lower court against the Defendant (the Defendant’s imprisonment with prison labor for 6 months and 6 months) is unfair.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the lower court on the Defendant in the first instance judgment is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court below rendered a separate review of the defendant as to the Daejeon District Court No. 2014Kadan2486, and the Daejeon District Court No. 2014Kadan3848, each of which was the first instance judgment, and sentenced to six months of imprisonment with prison labor for the former and the latter. However, the defendant filed an appeal against each of the above lower judgment, and the prosecutor filed an appeal against the first instance judgment, and the first instance court decided to concurrently examine the appeal cases of the above lower judgment.

The crime of each decision of the court below against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a prison term imposed pursuant to Article 38(1) of the Criminal Act, and therefore the judgment of the court below shall not be maintained.

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 and the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

[C] A summary of the facts constituting a crime and evidence recognized by the court, and a summary of the evidence, are the first head of the facts constituting a crime of the judgment of the court of first instance. The defendant is sentenced to three years in the Daejeon District Court on February 16, 2012 to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daejeon District Court on February 14, 2013, and the judgment becomes final and conclusive on February 14, 2013, and on February 12, 2014, one year and six months.

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