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(영문) 수원지방법원 2016.03.18 2015노5213
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal No. 1 and the sentence of the lower court No. 2 (one year and three months) (one year and three months) are too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

Each appeal case against the judgment of the court below was consolidated in the trial of the party. Since each of the offenses of the judgment of the court below is in a concurrent offense relationship under the former part of Article 37 of the Criminal Act, a single punishment shall be sentenced within the scope of the term of punishment, for which the punishment of concurrent offenses is aggravated in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

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

Criminal facts

In accordance with Article 25(1) of the Rules on Criminal Procedure, the summary of the facts and the evidence recognized by the court and the summary of the evidence were acquired through the issuance of the "the delivery" of Section 16 of the judgment of the court of first instance pursuant to Article 25(1).

“A person who received the delivery and acquired it.”

Except for correction as “,” it is identical to each corresponding column of the lower judgment, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts, the choice of punishment (the fraud point), Article 231 of the Criminal Act (the fact of the crime of forging private documents: Provided, That Articles 34(1) and 31(1) of the Criminal Act shall be added with respect to the crime of forging private documents around April 21, 2014), Articles 234 and 231 of the Criminal Act, and each of the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that victim I, P, and V are not punished by the defendant, recovery of considerable parts of damage caused by victim D, and reflects the crime.

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