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(영문) 수원지방법원 2017.04.14 2016노5735
사기
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 and 2(the first instance judgment: imprisonment with prison labor for one year, and the second instance: imprisonment with prison labor for ten months) is too unreasonable.

(b) The sentence of the first decision of the Prosecutor (one year of imprisonment) is too unhued and unreasonable;

2. As the judgment of the court below in the first and second trials against the defendant, the defendant filed an appeal (the prosecutor's appeal against the judgment of the court of first instance against the judgment of the court of first instance) against this judgment, and the court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second trials cannot be maintained as they are.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed on the grounds that the above judgment of the court below is reversed ex officio, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court and the summary of the evidence are as follows: “1. Part of the Defendant’s legal statement” in the summary column of evidence in the judgment of the court of first instance except that “the Defendant’s statement in the first trial protocol in the first trial of the court of first instance of the first instance of the first instance of the first instance of the court of first instance is the same as the statement in each corresponding column of the judgment of the court below, and thus, it is cited

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (a comprehensive determination of imprisonment, with prison labor for each victim);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the Defendant recognized all each of the crimes of this case; (b) the Defendant’s primary crime with no record of punishment; and (c) the amount of defraudation of this case is considerably large or actual damage is less than that.

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