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(영문) 춘천지방법원 2013.12.11 2013노502
사기
Text

Of the judgment of the court of first instance, the part on Defendant A and the part on Defendant A and X in the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. The imprisonment of two years and six months, and one year and six months, and one year and six months, and one year and six months, respectively, with respect to the crimes of No. 1 as stated in the judgment of the court below (the first instance court: the imprisonment of two years and six months for the crimes of No. 1 as stated in the judgment of the court below) which

B. Defendant W 1) misunderstanding of facts and misunderstanding of legal principles did not participate in the criminal facts listed in the annexed crime list 1, 4, 6, 8, 10, 11, 12, and 13 of the judgment of the court below of the second instance. Defendant W did not participate in the criminal facts. 2) The punishment (one year of imprisonment) sentenced by the court of unfair sentencing is too unreasonable.

C. The punishment sentenced by the lower court by Defendant X (eight months of imprisonment) is too unreasonable.

2. Determination

A. Ex officio determination 1) Ex officio, the court below sentenced A to the punishment against each of the above judgments after examining the case of Defendant A and after completing separate hearings against Defendant A, and sentenced Defendant A to each of the above judgments. Defendant A filed an appeal against each of the above appeals cases, and the court of the first instance decided to hold concurrent hearings. Since the crime of Articles 2 through 4 of the court below and the judgment of the court of the second instance among the judgment below against Defendant A is one concurrent crimes under Article 37 of the Criminal Act, the crime of Articles 38(1) of the Criminal Act shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance against Defendant A among the judgment of the court of first instance and the judgment of the court of second instance with respect to Defendant A cannot be exempted from the reversal of the judgment of the court below ex officio. According to the records, the court below erred in the misapprehension of punishment against Defendant A from 16, Jan. 16, 2002 to 15, 2002.

B. We examine the Defendant W’s assertion of mistake of facts and misapprehension of legal principles, and the lower court’s judgment.

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