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(영문) 광주지방법원 2017.10.12 2015노2371
사기
Text

1. We reverse the judgment of the court below in 1, 2, and 4.

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

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the original decisions (the first instance court, April, 200; the second instance court, April, 200, 2 years of suspended execution of imprisonment; community service work 40 hours; the third lower court, 5 million won; and the fourth lower court, 2 years of suspended execution in April) is too unreasonable.

2. Determination

A. We examine ex officio the judgment of the court below on the grounds for appeal against the defendants Nos. 1, 2, and 4 in the judgment of the court below.

The Defendant filed an appeal against the judgment below Nos. 1, 2, and 4, and this Court tried both the appeals against the judgment below Nos. 1, 2, and 4. Each of the offenses against the judgment below Nos. 1, 2, and 4 is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1)2 of the Criminal Act. As such, the judgment of the court below Nos. 1, 2, and 4 cannot be maintained.

B. Although the Defendant committed a crime of KRW 3 in the judgment of the court below in the first instance court during the period of suspension of execution for the same crime, the Defendant’s first instance court was sentenced to a fine for the crime of KRW 3 in the second instance judgment, and the Defendant’s age, sex, environment, motive and consequence of the crime, and other various circumstances shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the crime, are considered, and thus, it is not recognized that the Defendant’s punishment of KRW 3 is too unreasonable, and thus, the Defendant’s 3rd sentence’s argument of sentencing against

3. Conclusion

A. Since the judgment of the court below in the first, second, and fourth of the judgment of the court below is reversed ex officio as above, the court below's judgment Nos. 1, 2, and 4 is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair argument of sentencing with respect to each punishment of the court below Nos. 1, 2, and 4, and the following is again decided after pleading.

B. The appeal against the crime in the judgment of the court below No. 3 in the judgment of the court below is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

- The judgment used again for each of the crimes in the first, second, and fourth original judgment - the summary of the facts constituting the offence and of the evidence.

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