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(영문) 부산지방법원 2017.03.17 2016노4387
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The Busan District Public Prosecutor's Office, seized.

Reasons

1. The summary of the grounds for appeal (the first core: imprisonment with prison labor for 10 months and the second core: imprisonment with prison labor for 6 months) by the court below is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety without examining the grounds for appeal by the defendant, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in each corresponding column of the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 347(1) (a) of the Criminal Act, Articles 352 and 347(1) (a)) of the Criminal Act, Article 70(1)3 (the use of a stolen or lost card, choice of imprisonment), Article 329 of the Criminal Act, Article 319(1) (a) (a) of the Criminal Act, Article 319 of the Criminal Act, Article 360 of the Criminal Act (a) (the occupation of intrusion upon a structure at night, the choice of imprisonment), Article 352, and Article 347(1) (a)) (the selection of a penal servitude) of the Criminal Act for each credit-only financial business;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. Application of the sentencing criteria;

(a) Basic crime: Larceny of a structure at night (the scope of recommendations), thief for general property (the thief for intrusion larceny) in a mitigated area (the thief for August to one year and six months) (the thief for special mitigation) in any place other than indoor residential space;

(b) Class 1 concurrent crimes: fraud;

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