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(영문) 창원지방법원 2013.07.25 2013노105
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by each of the judgment below in the summary of the grounds for appeal (Article 1: 8 months, and 2: Imprisonment with prison labor for 4 months and 3 months: Imprisonment with labor for 4 months) is too unreasonable.

2. Ex officio determination: (a) the court of original judgment, Nos. 1, 2, and 3 sentenced the defendant to imprisonment with prison labor for 4 months, 3 months, 409, 527, 555, 801, 201, 2012, 2012, 45 (Consolidation), and 2013, 9, 85, 211, respectively, of the Daegu District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's Youngwon District Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's Second Court's High Court's High Court's High Court's High Court's High Court's Decision's High Court's High Court's High Court's High Court's High Court's Decision.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after hearing.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are 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 concerning the crime (the fraud point and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act among repeated crimes (with respect to each of the crimes against Victims C, F, and J)

1. Aggravation for concurrent crimes;

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