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(영문) 부산지방법원 2015.06.04 2015노661
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall obtain money from the applicant for compensation.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unreasonable because each of the original judgments (No. 1 year of imprisonment: 1 year of imprisonment; 2 months of imprisonment) is too unreasonable, and the prosecutor asserts that the first sentence of the original judgment is too uneasible and unfair.

2. Before determining the grounds for appeal by the defendant and the prosecutor ex officio, this Court decided to concurrently examine each appeal case against the judgment of the court below. As to all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced within the scope of the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act.

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

3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, 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, Articles 347(1) and 30 of the Criminal Act, Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Article 30 of the Criminal Act, and the choice of imprisonment with labor, respectively;

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

1. Articles 25 (1) and 31 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution, that the defendant has led to the confession of the crime of this case and has repented his mistake, and that the defendant has

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