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(영문) 전주지방법원 2015.08.17 2015노586
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years and six months for each defendant) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor applied for changes in the indictment with regard to “total 15 times” in paragraph (1) 8 of the facts charged at the trial of the Party, “total 16 times over 16 times”, and the schedule of crime in the annexed list of crimes, respectively. Since the subject of the judgment is changed by this court’s permission, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence are as follows. The "criminal facts" of the judgment of the court below is as follows: "total 15 times through 16 times" of Paragraph (1) 7 is changed to "total 16 times through 16 times"; the daily list of crimes is changed to the attached list of crimes; and "a summary of evidence" is changed to "a summary of evidence";

1. Except for the addition of "a statement of a person with a yellow view", it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 332, 331(2) and (1), 342 of the Criminal Act (generally, the point of habitual special larceny), Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Articles 347(1) and 352 of the Criminal Act, each of the choice of punishment

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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