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(영문) 춘천지방법원 2013.04.24 2012노379
사기
Text

The part of the judgment of the court of first instance except the compensation order, and the compensation order among the judgment of the court of second instance.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (two years of suspended execution in August, community service, 40 hours in community service, and 2 months in prison) that the court below rendered against the defendant is too unreasonable.

2. Prior to the judgment on the defendant's assertion, the court below examined the defendant ex officio, and sentenced the defendant to the above punishment, and sentenced the defendant to the above punishment, and the defendant filed an appeal against each of the above judgment. The court below decided to hold concurrent hearings. Each of the crimes against the defendant in the first and second concurrent relationship with the defendant under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38 (1) of the Criminal Act. Thus, since the part against the defendant except the compensation order in the first and the part except the compensation order in the second and the part of the judgment of the court below cannot be exempted from all the reversal.

3. In conclusion, the above judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, and the above part of the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and 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 347(1) of the Criminal Act concerning the crime (However, Article 30 of the Criminal Act shall be added to the crime committed as stated in the judgment of the court of first instance, fraud, and each choice of imprisonment);

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

1. The application for compensation in this case under Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, shall be in the trial.

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