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(영문) 광주지방법원 2016.09.06 2015노2943
사기
Text

All of the judgment of the court below except for a compensation order shall be reversed.

Defendant

A Imprisonment for six years, and Defendant B.

Reasons

1. The summary of the grounds for appeal (the first instance court: the imprisonment of Defendant A, the imprisonment of Defendant B, one year and six months, the second instance court: the imprisonment of Defendant A, five years, and one year and six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court decided to hold a concurrent trial by examining the appeal cases against the judgment below. Each of the offenses against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single punishment within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 347(1) and 30 of the Criminal Act (Article 30 of the Criminal Act applies only to the facts constituting the crime, 2015 order865, 2015 order of 2015 order of 4993)

(b) Defendant B: Articles 347(1) and 30 of the Criminal Act, Article 229 of the Criminal Act, Article 229 of the Criminal Act, Article 229 of the Criminal Act

1. Defendants among concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant A's health is not good, and the defendant gives birth to a baby during his care, and in the case of vehicle-related money, the defendant trades with victims who are customers from the previous point of view.

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