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(영문) 청주지방법원 2018.06.11 2017노1531
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall have against the applicant AE.

Reasons

1. Each sentence of the original judgment (No. 1: Imprisonment with prison labor for 1 year and 2 months, and imprisonment for 6 months) against the accused on the summary of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this court decided to hold a concurrent hearing of each appeal case against the judgment below. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any more because it is a single sentence under Article 38 of the Criminal Act.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each of the corresponding columns of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which provides for aggravated concurrent crimes (an aggravated punishment for concurrent crimes prescribed in a crime of fraud against a victim P with the largest criminal situation);

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 32(1)3, Article 25(3)2, and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation (applicant AH) of the application for compensation order [the applicant AH seeks compensation of KRW 90,00 as the name of delivery expenses, taxi expenses, and expenses for submitting evidence in addition to the amount of KRW 1.60,000,000,000,000,000,000 won, but the compensation order under Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation is the victim of

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