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(영문) 대구지방법원 2013.05.09 2013노166
사기
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Each sentence (No. 1: a fine of 1 million won, a fine of 500,000 won: a fine of 500,000 won) declared by the original court on the gist of the grounds of appeal is too unreasonable.

2. The court consolidated each appeal against the judgment of the court below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court is as stated in the judgment below, except for the addition of "the defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of imprisonment with prison labor at night on February 9, 2012 in Suwon District Court due to night-time loss, intrusion, theft, etc. and the judgment became final and conclusive on February 17, 2012" to the first head of the facts constituting a crime as stated in the judgment below, and therefore, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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