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(영문) 부산지방법원 2015.02.13 2014노4144
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the defendant (No. 1: fine No. 7 million won, fine No. 2: fine No. 200,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case of this Court No. 2014No4144, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2014No448, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the court of second instance shall be punished by a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows

Criminal facts

The summary of the evidence and each criminal facts recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court 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 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Crimes of violation of Articles 40 and 50 of the Road Traffic Act (mutual crimes of violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in cases of subordinate crimes, the punishment provided for in the Road Traffic Act shall be followed);

1. The defendant's crime of sentencing under Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse is committed in each judgment of the court below.

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