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(영문) 대전지방법원 2018.09.13 2017노3324
사기등
Text

The judgment of the court below (excluding each part of a compensation order and dismissal order) shall be reversed.

Defendant

Three years of imprisonment for A and V.

Reasons

1. Summary of reasons for appeal: Improper sentencing; and

A. As to the Defendant A’s statement of reasons for appeal filed on April 13, 2018 (Additional) and the reasons for appeal filed on April 27, 2018 (Additional Secondary) after the lapse of the period for appeal filed by Defendant A, to the extent that it supplements the reasons for appeal.

Each court below's punishment (the first court's judgment: three years of imprisonment, and imprisonment with prison labor for one year and six months) is too unreasonable.

B. Defendant V’s punishment (No. 4 years of imprisonment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 3 years) is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case by combining each appeal case of the judgment below.

Since each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render judgment and sentence a single punishment in accordance with Article 38(1) of the Criminal Act. In this respect, the judgment of the court below (excluding each part of compensation order and dismissal order) cannot be maintained as it is.

3. If so, the judgment of the court below (excluding the order for compensation and the dismissal part of the application for compensation) is reversed ex officio as above. Thus, without examining the defendants' unfair argument of sentencing, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 347(1) of the Criminal Act (the fraud, and fraud against Victim AY) (the addition to Article 30 of the Criminal Act), Articles 356 and 355(1) of the Criminal Act (the crime of occupational embezzlement), Articles 80 subparag. 6 and 58(1) of the Automobile Management Act (the crime of occupational embezzlement), each of the imprisonment options

B. Defendant V: Article 347(1) of each Criminal Code (the point of fraud, the point of fraud).

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