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(영문) 창원지방법원 2016.08.18 2016노677
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (No. 1: imprisonment with prison labor for 10 months, and 2: imprisonment with prison labor for 6 months and 80 hours for community service) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of each of the above appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment is no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing, since the above grounds for reversal are established ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, and thus, they are cited 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 of the Criminal Act concerning criminal facts; Article 329 of the Criminal Act; Article 70(1)3 (including the use of stolen credit cards, including the use of stolen credit cards), Article 347-2 of the Criminal Act; Articles 231 and 30 of the Criminal Act; Articles 234, 231, 231, and 30 of the Criminal Act; Articles 231, 231, and 30 of the Criminal Act; Articles 30 (a) and 30 of the Criminal Act concerning the selection of punishment; and each choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes is due to the fact that the defendant led to the confession of the crime, and that some of the damaged goods have been returned to the victims, and that the defendant is identical to the defendant.

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