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(영문) 청주지방법원 2017.10.26 2017노672
사기등
Text

All judgment of the court below shall be reversed.

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 respective sentences of the judgment of the court below (No. 1: imprisonment with prison labor for 1 year, and No. 2: imprisonment with prison labor for 6 months) are too unreasonable.

(b) the 2nd judgment decision of the Prosecutor is too unhued and unfair;

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

In the first instance trial, the appeal cases of the lower judgment were combined, and each of the crimes in the lower judgment’s holding are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore

3. Accordingly, the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited 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 regarding criminal facts (the crime committed on February 25, 2014 against the victim's modern social company, fraud against victim D and fraud against victim X), Articles 347(1) and 30 of the Criminal Act (the crime committed on March 18, 2014 against the victim's modern social company) of the Criminal Act, Article 355(1) of the Criminal Act (the crime committed on March 18, 2014), and each choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances are favorable to the defendant for reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes:

The Defendant recognized each of the crimes of this case, and is against the law.

The defendant agreed with all victims.

Circumstances unfavorable to the defendant are as follows:

Each of the instant cases.

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