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(영문) 의정부지방법원 2015.09.02 2014노2647
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal of the first instance court’s punishment (one year of imprisonment) and the second instance court’s punishment (four months of imprisonment) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and further decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is identical to each corresponding column of the judgment of the court below, except for the alteration that "the judgment was finally binding on April 18, 2014 after having been sentenced to four years of imprisonment for a crime of fraud, etc. at the Jung-gu District Court on August 23, 2013, which was sentenced to four years of imprisonment for a crime of fraud, etc. at the Jung-gu District Court on August 23, 2013, which became final and conclusive on April 26, 2014," all of the facts constituting a crime in the first instance judgment, as stated in the corresponding column of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (to be comprehensively applied to each victim, with respect to the choice of imprisonment);

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes (the crimes of fraud, etc. for which the judgment becomes final and conclusive, and each of the crimes of

1. From among concurrent crimes, the crime of this case, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the crime of fraud against AB with the largest amount of crime), is the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment on which the judgment becomes final and conclusive.

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