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(영문) 광주지방법원 2013.08.21 2012재노8
사기등
Text

All judgment of the court below shall be reversed.

As to the crimes of No. 1 and No. 2 in the judgment of the defendant, the crimes of No. 3 in the judgment.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for each of the crimes listed in the Judgment of the court of first instance, and eight months of imprisonment with prison labor for each of the crimes listed in the Decision of the court of first instance, and eight months of imprisonment with prison labor for each of the crimes listed in the Decision of the court of first instance, and eight months of imprisonment for each

2. Determination

A. On November 26, 2009, the judgment of the court of first instance on the grounds of appeal by the defendant 1 and the judgment of the court of second instance 1) is examined ex officio prior to the judgment on the grounds of appeal by the defendant. The defendant filed an appeal against all the judgment of the court of first instance and the pleadings were combined at the court of first instance. The crimes of Articles 1 and 2 and the judgment of the court of second instance in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes of Articles 38 (1) of the Criminal Act are concurrent crimes, and one punishment shall be imposed within the scope of punishment aggravated under Article 38 (1) of the Criminal Act. In this regard, the parts of the judgment of the court of first instance and the judgment of the court of second instance can no longer be maintained. 2) In addition, the judgment of the court of first instance on November 26, 2009 that the provisions of Article 304 of the Criminal Act concerning the acts of marriage between each party and 2010.

In a case where the penal law or legal provision becomes retroactively null and void due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision constitutes a crime (see, e.g., Supreme Court Decision 2008Do7537, Sept. 10, 2009). As such, among the facts charged in this case, the facts constituting a case where each of the facts charged do not constitute a crime, the defendant shall be acquitted under the former part of Article 325 of the Criminal Procedure Act.

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