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(영문) 울산지방법원 2016.12.02 2016노1510
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

No. 1 of the seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: 10 months of imprisonment, the second instance judgment: 3 months of imprisonment, and the confiscation) by each of the Defendants is too unreasonable.

B. Each prosecutor’s each sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a judgment after examining the case in question, and the defendant and the prosecutor filed an appeal against each of the judgment below. This court decided to hold the above two appeals together.

The first and second court's crimes against the defendant shall be sentenced to a single sentence within the scope of punishment aggravated under Article 38 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the court below's judgment against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the allegation of unfair sentencing by the defendant and the prosecutor, on the grounds of the above ex officio reversal.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347(1) and 30 of the Criminal Act that provides for the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229 and 225 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (aggravating concurrent crimes with the punishment determined for the crime of uttering of counterfeited public documents with the largest offense);

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 25 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences.

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