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(영문) 대전지방법원 2016.12.08 2016노1023
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that each of the court below sentenced to the defendant (e.g., 10 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

Each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (up to the amount of concurrent crimes determined in the crime of fraud against the victim, the bereaved Steel Co., Ltd. with heavy circumstances);

3. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. Application of the sentencing criteria [Scope of recommending punishment] General Fraud standards: Where the one-stage increase (special mitigation) in the one-stage increase in the type of punishment (special mitigation) or damage therefrom is recovered as a result of the addition of the two types of general frauds (at least 100 million won, but less than 500 won): The mitigated area (from June 20 to June 20):

2. Although the amount of damage caused by the determination of the sentence is considerably significant, the defendant is committing the crime of this case, the victims have agreed with the victim, and the defendant is subject to criminal punishment exceeding the fine.

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