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(영문) 창원지방법원 2013.11.29 2013노1450
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the defendant (the first judgment of the court below: imprisonment with prison labor for a year and June, and the second judgment of the court below: imprisonment with prison labor for a period of three months) is too unreasonable.

B. The prosecutor (with regard to the first judgment of the court below), the sentence imposed by the court below on the defendant is too unfasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In the first instance court, the appeal case against the first lower court and the second lower court's appeal case were consolidated for examination.

Each of the above judgments of the court below shall be sentenced to a single sentence within the scope of the term of punishment for concurrent crimes which has been aggravated pursuant to Article 38(1) in relation to each of the concurrent crimes under the former part of Article 37.

Therefore, each judgment of the court below against the defendant could not escape from all reversal.

3. If so, the first and second original judgment contains grounds for reversal of the above authority. Thus, without examining the Defendant and the prosecutor’s assertion of unfair sentencing, all of the original judgment under Article 364(2) of the Criminal Procedure Act is reversed, and the following is again decided after oral argument.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the entries in the corresponding column of the first and second original judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 355(1) of the Criminal Act, and Articles 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent offenders, the Defendant’s criminal liability is not easy in light of the fact that he/she repeatedly committed the instant crime even though he/she had been punished several times due to the same kind of crime, and that no agreement has been reached with the victims and that no agreement has been made with the victims.

(b).

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