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(영문) 수원지방법원 2018.01.10 2017노7630
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below on the defendant (one year and three months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal on the grounds of the judgment, the prosecutor examined the case ex officio, and the prosecutor tried at the trial, and all the charges against the Defendant were prosecuted on March 31, 2017, and the judgment on September 15, 2017 became final and conclusive on September 2017.

In addition, “the latter part of Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act was added” under the applicable law, and the court applied for permission to amend the bill of amendment, and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is all criminal facts and the summary of the evidence. The judgment below was finalized on September 15, 2017, when the defendant was sentenced to six months of imprisonment for embezzlement in the support of Suwon Friwon, Suwon Friwon, on March 31, 2017.

“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court below” at the end of the summary of the evidence, and a subsequent statement is the same as each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 2006Da14488, Apr. 1, 2006) is that the crime of this case is committed against the victim under the pretext

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