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(영문) 광주지방법원 2013.10.30 2013노1603
사기등
Text

All the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (Article 1: 8 months of imprisonment with prison labor: 2 months of imprisonment with prison labor; 3 months of imprisonment with prison labor; 2 months of imprisonment with prison labor) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the cases in this Court No. 2013No1603, this Court No. 2013No1908, this Court No. 2013No2057, the appeal case against the judgment of the court of appeal against the judgment of the court of first instance, which are the cases of appeal against the judgment of the court of second instance, were consolidated in the proceedings of the party hearing. The crimes in the judgment of the court of first, second, and third are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes in the judgment of the court of first, second, and third are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be sentenced at the same time. Thus

3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the judgment of the court below, except for an ex officio order for compensation pursuant to Article 364 (2) of the Criminal Procedure Act, is reversed, and the following is decided through oral proceedings.

Criminal facts

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

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 355(2) and (1) of the Criminal Act, Article 356 of the Criminal Act, Article 355(2) of the Criminal Act, Article 355(2) of the Criminal Act, Article 347 of the Criminal Act, Article 347(1) of the applicable Act, the choice of imprisonment

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent law professionals is that the defendant, who made a confession of all the facts of the crime for about four months, has committed against his/her mistake through confinement life for about four months, and the defendant agreed with the victim F and partly recovered damage to the social company of the victim Republic of Korea.

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