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(영문) 대구지방법원 2015.04.24 2014노4524
사기등
Text

All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (No. 1: Imprisonment with prison labor for 10 months and imprisonment with prison labor for 2 years) imposed by Defendant A is too unreasonable.

B. The punishment of one-year imprisonment imposed by Defendant B is too unreasonable.

2. Before determining the grounds for appeal by the Defendants ex officio, the Defendants filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and the court of first instance decided to hold concurrent hearings of the above two appeals cases. Since the facts constituting the above judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced, so the judgment of the court of first instance cannot be maintained.

3. If so, the judgment of the court below is based on the above grounds for reversal of authority. Thus, without examining the Defendants’ assertion of unfair sentencing, all of the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

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. The Defendants of relevant criminal facts: Articles 347(1) and 30 of the Criminal Act; Articles 231 and 30 of the Criminal Act; Articles 234, 231 and 30 of the Criminal Act; Articles 234, 231 and 30 of the Criminal Act; Articles 230 and 30 of the Criminal Act;

2. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (the exercise of the right to request subscription of each forged credit card as stated in the judgment below No. 2).

3. Selection of each sentence of imprisonment;

4. The Defendants aggravated concurrent crimes: (a) the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize and reflects the instant crimes; and (b) the Defendants are against each other.

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