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(영문) 수원지방법원 2013.08.28 2013노1732
사기등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes Nos. 1, 4, 5, and 7 of the judgment of the court, and No. 2, 3, 6, 8 of the judgment.

Reasons

1. The summary of the grounds for appeal (one year and six months) of the lower court’s punishment (one year and six months of imprisonment with prison labor for the crimes Nos. 1, 4, 5, and 7 in the form of imprisonment with prison labor and for the crimes No. 2, 3, 6, 8, and 9 in its holding) is too unreasonable.

2. Before deciding on the grounds for appeal by the Defendant’s ex officio, the lower judgment was no longer maintained for the following reasons.

According to the record of omission of repeated crime, the Defendant was sentenced to four months of imprisonment with prison labor at the Suwon District Court on April 18, 2008 and completed the execution of the sentence at the Suwon Detention House on September 20, 2008. Thus, the Defendant constitutes a repeated crime as stated in the judgment that committed within three years thereafter.

Nevertheless, the court below selected and sentenced imprisonment for each of the above crimes, but omitted aggravation of repeated crime.

B. On the other hand, the prosecutor's amendment of the bill of amendment and the applicable provisions of the Road Traffic Act among the facts charged in the instant case were applied for the amendment of the indictment in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act "Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act", and it was changed due to the court's permission.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by this court are all the facts constituting the crime of the judgment of the court below. "The defendant was sentenced to six months of imprisonment at the Suwon District Court on July 7, 201 and the judgment became final and conclusive on July 15, 201, and completed the execution of the sentence in the Suwon Detention House on July 28, 201." "The defendant was sentenced to four months of imprisonment with prison labor at the Suwon District Court on April 18, 2008 and completed the execution of the sentence."

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