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(영문) 부산지방법원 2015.01.08 2014노3000
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and April, and the second instance: imprisonment with prison labor for a year) of the lower court is too unreasonable;

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, all of the crimes in the judgment of the court below of this case are concurrent crimes as provided in the former part of Article 37 of the Criminal Act, and as long as this court concurrently examines and examines these crimes, one punishment shall be imposed on each of the above crimes pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the following is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence recognized by the court shall be stated in the judgment of the second court according to the correction of the indictment at the trial.

Except as to the correction of the phrase “ April 23, 2012,” as “ August 28, 2012,” the judgment of the court below is identical to each corresponding column of the court below, and such correction is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Fraud: Article 347 (1) of each Criminal Act (Selection of Imprisonment with prison labor);

(b) Violation of the Attorney-at-Law Act: Subparagraph 1 (c) of Article 109 of the Attorney-at-Law Act.

Table 1 (Selection of Imprisonment)

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

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., “the reason for the sentence of imprisonment” below)

1. Probation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc. (hereinafter “the grounds for imprisonment”), as seen below, a crime is not very rough and not suitable and thus the opportunity for a corresponding punishment and a serious reflective opportunity is required. Thus, the imposition of a community service order for probation and long-term hours is required);

1. Reasons for sentencing under Article 116 of the Attorney-at-Law Act.

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