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(영문) 의정부지방법원 2013.10.31 2013노1638
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the original judgments (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 3 months) is too unreasonable.

2. The court of original judgment Nos. 1 and 2 sentenced the defendant to six months of imprisonment with prison labor for the former, and the latter to three months of imprisonment for the latter, and the defendant filed an appeal against each of the above two appeals cases, and the court of first instance decided to hold concurrent hearings. Each of the offenses committed by the court of original judgment and each of the offenses committed by the court of second instance against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, all of the judgment of the court of original judgment cannot be exempted from the reversal.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio are established, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Articles 347(1) (the point of fraud, the choice of each punishment), 231, 234, 231 (the point of exercise of a private document, the choice of imprisonment), 239(1) (the point of each private signature), 239(2) and (1) (the point of exercise of a private signature), Article 37 subparag. 10 (the point of abuse of a resident registration number and the choice of imprisonment) of the Resident Registration Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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