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(영문) 춘천지방법원 2013.12.18 2012노658
사기등
Text

The part of the judgment of the court below excluding compensation order and the judgment of the court below 2 through 7 shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (Article 4 years of imprisonment for the first instance court: 2 years of imprisonment for the second instance court; 3 years of imprisonment for the second instance court; 1 year and 6 months of imprisonment for the fourth instance court; 1 year and 5 million won of fine for the fifth instance court; 5 million won of fine for the sixth instance court; 5 million won of fine for the sixth instance court; 6 months of imprisonment for the second instance court) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor (two years of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on each of the arguments by the defendant and the prosecutor, the court below examined the defendant ex officio, and sentenced the defendant to the above punishment. The defendant (as to each of the above judgments), and the prosecutor (as to the judgment of the court of first instance), respectively, filed an appeal, and the court of first instance decided to jointly examine the above appeal cases. Each of the crimes of the court below against the defendant shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act, since the crimes of the court of first instance are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and thus, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second through seven cannot be exempted from reversal.

3. Accordingly, the part of the judgment of the court of first instance except for the compensation order and the part of the judgment of the court of first instance excluding the compensation order and the part of the court of first instance excluding the compensation order and the part of the judgment of the court of first instance excluding the compensation order under Article 364(2) of the Criminal Procedure Act excluding the judgment of the court of first instance excluding the compensation order excluding the second through

【Reasons for the Judgment in 200, the Criminal Procedure Act is the same as stated in the corresponding column of the judgment of the court below in 1 through 7, except for the fact that facts constituting a crime and the summary of evidence recognized by the court in this Court are stated in the facts constituting a crime and summary of evidence, and the summary of the facts constituting a crime and evidence committed by the court in this Court.

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