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(영문) 수원지방법원 2015.01.29 2014노5179
사기등
Text

We reverse the judgment of the court below.

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

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Each sentence of the original court (the first instance court; the second instance court; the second instance court; the second instance court; the imprisonment of 4 months) is unfair.

Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against each judgment of the court below was consolidated. Each of the offenses committed by the defendant of each judgment of the court below constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment in the trial. In this regard, each of the judgment of the court below shall not be maintained.

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 assertion of unfair sentencing, and it is again decided as follows through the pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of each judgment of the court below. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, Article 109 subparag. 1 of the Attorney-at-Law Act (a violation of the Attorney-at-Law Act), and each choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing Article 116 of the Attorney-at-Law Act is against the defendant, there is no previous charge against the defendant, the defendant does not have any previous charge in the court below, the victim D (amount of damage KRW 58.7 million) at the victim'sO (amount of damage KRW 14.4 million) and the party trial, and there is no agreement with the victim M (amount of damage KRW 1.5 million). Meanwhile, there is no agreement with the victim M (amount of damage amount of KRW 1.5 million). The defendant is willing to resolve the case at the request of the police officer and the prosecutor.

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