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(영문) 대구지방법원 2014.12.26 2014노3080
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: imprisonment with prison labor for 6 months) declared by the lower court is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users at the Seoul Northern District Court on July 30, 2014; the above judgment became final and conclusive on August 7, 2014; and the summary of the evidence of the first judgment on August 1, 2014."

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, Articles 30 (a) and 30 of the Criminal Act, and the choice of imprisonment for the crime

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are imposed.

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