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(영문) 대전지방법원 2018.07.05 2018노581
사기등
Text

The remainder of the judgment of the court of first instance and the judgment of the court of second instance, excluding each order for compensation, shall be reversed.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a year, a fine of two million won, and a fine of two million won: imprisonment with prison labor for a period of six months) of each lower court’s punishment (in the second instance court’s sentencing) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of which was sentenced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses of the first and second appeals against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the offenses of the first and second appeals shall be sentenced in accordance with Article 38(1) of the Criminal Act, and therefore, the remainder of the judgment of the court of second and second instances except each order for compensation cannot be maintained.

3. As such, the judgment of the court below is reversed on the grounds of the above ex officio reversal, and the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and all remaining parts of the judgment of the court below No. 1 and the judgment of the court below No. 2, excluding each order for compensation, are

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with labor for each of the crimes provided for in Article 347 of the Criminal Act, the choice of punishment for each of the crimes provided for in Article 234 of the Criminal Act (the choice of each fine for each of the crimes provided for in 2017

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is deemed to have continuously committed the crime against many and unspecified persons for a long time, and there is a bad character of the crime, and the defendant has been punished for the same crime.

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