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(영문) 수원지방법원 2016.09.01 2016노691 (1)
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

In full view of the following facts: (a) the Defendant did not submit the statement of grounds for appeal within the deadline for submitting the legitimate grounds for appeal; (b) the Defendant did not state the grounds for appeal; (c) the health room; (d) the Defendant recognized the Defendant’s mistake; and (e) the Defendant expressed his intent that the Defendant does not want the Defendant’s punishment by receiving some damage from the Defendant; (d) the Defendant did not have any record of punishment for the same kind of crime; and (e) the need to consider equity in the case of judgment at the same time as the Defendant committed a violation of the Subsidy Management Act, and (e) other conditions of sentencing specified in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive and background of the crime, degree of damage,

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the remaining part of the judgment below excluding the rejection of the application for compensation order is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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