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(영문) 수원지방법원 2013.11.28 2013노758
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

The defendant above.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the sentence of the judgment of the court of second instance (two months of imprisonment and a fine of five hundred thousand won) is too unreasonable, and the prosecutor asserts that the sentence of the judgment of the court of first instance (two million won of fine) is too unhued and unreasonable.

2. The first instance judgment and the second instance judgment appealed by the prosecutor prior to the assertion of the accused and the prosecutor, and as the first instance judgment and the second instance judgment appealed by the defendant are combined in the trial, all of the first instance judgment and the second instance judgment are in a concurrent relationship under the former part of Article 37 of the Criminal Act, and they must be sentenced to one punishment at the same time in accordance with Article 38 of the Criminal Act. In this regard, the lower judgment cannot be maintained any more.

3. If so, the judgment of the court below is based on the above reasons for the reversal of authority. Thus, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's second judgment's assertion of unfair sentencing and the prosecutor's assertion of unfair sentencing on the first judgment of the court below, and the judgment below is again

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act (Article 347 (1) of the Criminal Act concerning the crime (Article 1 of the Act on the Punishment of Criminal Crimes and Article 2 of the Act on the Punishment of Criminal Crimes and Article 10 of the Act on the Punishment of Criminal Crimes and Article 1

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order include the fact that the defendant acknowledges and reflects his mistake, and the amount of damage caused by the instant crime is KRW 330,000.

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