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(영문) 수원지방법원 2017.09.11 2017노2722
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation order by an applicant for compensation.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unfair because it is too unreasonable to keep the sentence of each sentence (the decision of the court below No. 1: Imprisonment with prison labor for a year and June, and the decision of the court below No. 2: imprisonment with prison

2. Determination

A. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court below was rendered, and the defendant filed an appeal against each of the above two appeals. The court decided to hold the above two appeals together for deliberation.

However, the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

B. An application for a remedy order may be filed until the pleadings at the court of first instance or the court of second instance are concluded (Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Since an applicant for a remedy order filed on September 4, 2017, which was after the closure of pleadings at the court of appeal, the application for the remedy order in this case is accompanied by the law.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (the frauds set forth in the table of crime Nos. 1 through 29 of the Resolution 1, the choice of imprisonment, and the choice of punishment) of the Criminal Act concerning the crime, and the choice of punishment, respectively, Article 347(1) of the Criminal Act (the remainder of each fraud, the choice of imprisonment, and the choice of punishment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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