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(영문) 부산지방법원 2018.02.08 2017노4288
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court (No. 2: imprisonment with prison labor for 6 months) against the Defendant (hereinafter “Defendant 2”) is too unreasonable.

B. The prosecutor (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 6 months) of the lower court against the Defendant is deemed to be too uneasible and unfair.

The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the defendant filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to jointly examine the above two appeals cases.

Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.

In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above grounds for reversal of authority.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the phrase “a statement protocol with respect to AC” in the “a statement protocol” column for the second judgment is amended to “AC’s statement protocol”; and (b) it is identical to the corresponding column of the first and second judgment; and (c) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act, as it is, pursuant to Article 369 of the said Act.

Application of Statutes

1. Article 360(1) of the Criminal Act applicable to criminal facts, Article 360(1) of the option of punishment (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, and Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit, comprehensively, Article 70(1)3 (a) of the Act, and Article 319(1) (a) of the Criminal Act (a point of intrusion upon residence and room) of each Criminal Act.

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