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(영문) 광주지방법원 2017.11.29 2017노2756
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The sentencing of the lower judgment on the gist of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The first and second original courts rendered a judgment against the defendant as the High Court 2017 High Court 1879, High Court 1956, High Court 2017 High Court 3263, and sentenced the defendant to each punishment. The defendant filed an appeal against the judgment below, and this court made a decision to jointly deliberate on the above appeal cases. Each of the first and second original judgment against the defendant shall be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, 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 argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 232-2 of the Criminal Act, Article 232-2 of the Criminal Act, Article 234 and Article 232-2 of the Criminal Act, each of the electronic records, etc., Article 234 of the Criminal Act, Article 32-2 of the Criminal Act, Article 329 (a) of the Criminal Act, each of the choice of punishment for the crime;

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

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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