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(영문) 전주지방법원 2016.02.17 2015노375
사기
Text

All of the judgment below of the court below Nos. 1, 3, 4 and 2 are reversed, and the judgment of the court below of the second instance is reversed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court as follows is too unreasonable.

Defendant

N: Imprisonment with prison labor for 10 months (the first instance judgment): Defendant A for two years (the first instance judgment); imprisonment for one year (the first instance judgment); imprisonment for five years (the second instance judgment); imprisonment for six months (the third instance judgment); imprisonment for six months (the fourth instance judgment); and Defendant A Q for six months (the fourth instance judgment): Imprisonment for ten months (the first instance judgment).

B. The lower court’s sentence No. 4 against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal by Defendant A and the prosecutor, Defendant A filed an appeal against the judgment of the court below, and the prosecutor filed an appeal against the judgment of the court below against the judgment of the court below, and this court decided to hold concurrent hearings. Since each of the above judgments of the court below against Defendant A is in a concurrent relationship with the former part of Article 37 of the Criminal Act in accordance with Article 38(1) of the Criminal Act, one of the offenses against Defendant A should be sentenced to aggravated punishment in accordance with Article 38(1) of the Criminal Act, so in this respect, the part against Defendant A and the judgment of the court of the court of first instance except for the compensation order by the part against Defendant A and the judgment of the court of second instance,

B. Next, according to the records, prior to the judgment on the grounds for appeal by Defendant Q, it is acknowledged that Defendant Q was sentenced to one year and six months of imprisonment and two years of suspension of execution on November 26, 2015 by the previous Jeju District Court on the grounds of violation of the Act on the Law of Defense at the previous Jeju District Court on November 26, 2015, and the above judgment became final and conclusive on December 4, 2015. As such, each of the crimes in the judgment of the court below and the violation of the said Act by the said attorney-at-law, for which the judgment of the court below with respect to Defendant Q, became final and conclusive on December 4, 2015, are concurrent crimes under Article 37 of the Criminal Act, and the punishment for each of the crimes in the judgment of the court below should be imposed in consideration of equity in the case where the judgment is to be

3. Each of the instant cases where the sentencing of Defendant NN and AO is determined.

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