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(영문) 수원지방법원 2015.06.10 2014노7627
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (Article 1 (1) 1 and 2 (2) 2) 1 are too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

As the judgment of the court of first instance and the judgment of the court of second instance are sentenced to each of the above two judgments, the defendant filed an appeal against the above two judgments, and the court of second instance decided to hold concurrent hearings. Since each of the offenses against the defendant in the judgment of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court of first and second instances cannot

3. If so, the court below's judgment Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the court below's judgment is reversed, and it is again decided as follows through pleading.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as the relevant column of the judgment of the court below.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Articles 347 (1) and 32 (1) of the Criminal Act, the choice of imprisonment for each of the following:

1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are theft, fraud, and fraud, even though the defendant had a record of being subject to the four-time disposition of juvenile protection cases for the same kind of crime.

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