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(영문) 광주지방법원 2014.11.06 2014노863
주민등록법위반등
Text

Of the judgment of the court below of first instance and the judgment of the court of second instance, it is against the sequence 1 to 17 of the annexed crimes list as stated in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s judgment (a fine of three million won) is too unreasonable.

B. Each sentence of the judgment of the court below of the second instance (each of the offenses listed in the table of crime Nos. 1 through 17 of the original judgment: fine of 5 million won: fine of 5 million won; and each offense listed in the table of crime Nos. 18 through 30 of the attached table of the court below: fine of 5 million won) is too uneased and unfair

2. Ex officio determination (the judgment of the court of first instance and the judgment of the court of Second Instance 1 through 17 parts of the annexed list of crimes) was made ex officio prior to the judgment on the grounds for appeal, and this court of Second Instance 2014No1260 case, which is the appeal case against the judgment of the court of Second Instance 2014No863 case against the judgment of the court of Second Instance, was combined in the proceedings of oral pleadings. Among the crimes recognized by the court of first instance against the defendant and the crimes recognized by the second instance court, the crimes listed in the table of crime No. 1 through No. 17 of the annexed list of the court of Second instance, among the crimes recognized by the court of Second instance, shall be sentenced to a single sentence within the scope of punishment subject to aggravated punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part on the crimes listed in the table of crime No. 1 through No. 17 of the judgment of the court of Second Instance cannot be maintained.

3. The prosecutor’s decision on the assertion of unfair sentencing (Article 18 through 30 of the Attached Table 18 to the List of Crimes in the judgment of the court below) is that the crime of this case was committed by the defendant by deceiving the money from the victims under the pretext of insurance money or medical treatment by means of the strawer’s ties and the period of the crime, the number of victims, etc. In light of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under thirteen years of age) at the Gwangju District Court on June 15, 2013, the defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc. under thirteen years of age) and the suspended sentence became final and conclusive, and the defendant repeats the crime of this case

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