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(영문) 수원지방법원 2017.09.08 2017노1138
사기등
Text

1. All the judgment below is reversed.

2. Defendant

A. The crime of 1. A. of the judgment of the court of first instance, and No. 2. A. of the judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant filed an appeal against each of the above judgments, and this court decided to hold a joint hearing of the two appeals cases.

On the other hand, the defendant was sentenced to a two-year suspended sentence of imprisonment with labor for a violation of road traffic law at the Suwon Friwon on December 10, 2014, and the judgment becomes final and conclusive on December 18, 2014. The crime of Article 2.b. (2) of the judgment of the court of first instance among the judgment of the court of first instance after the date on which the above judgment became final and conclusive, and Article 2.C. of the judgment of the court of first instance.

The crime No. 3 and 4 in the table of crime No. 3 and No. 2. E of the judgment of the court below, the crime No. 21 in the table No. 3 in the crime sight No. 21 in the judgment of the court, and the crime of the crime No. 3 in the table No. 4 in the crime sight No. 7 in the judgment of the court below and the crime of the resolution No. 2 in the judgment No. 2 in the judgment of the court below shall be sentenced to one punishment in the concurrent crime under the former part of Article 37 of the Criminal Act. The remaining crime of each of the judgment of the court below and the above violation of the Road Traffic Act (driving of alcohol) in which the judgment of the court below became final and conclusive are concurrent crimes under Article 37 of the Criminal Act and shall be sentenced to a punishment for each of the remaining crimes in the judgment of the court below in consideration of equity with which the judgment is to be rendered simultaneously

3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

[Re-written judgment] The criminal facts recognized by the court and the summary of the evidence are the first head of the "criminal facts" of the first judgment of the court of first instance. "The defendant was sentenced to imprisonment with prison labor for a period of two years on December 10, 2014, due to a crime of violating the Road Traffic Act (driving) at the Suwon Friwon, and the judgment became final and conclusive on December 18, 2014.

“A summary of the evidence” of the 1st Adjudication Resolution “1.” column.

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