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(영문) 전주지방법원 2014.04.16 2013노1417
사기
Text

The entire judgment of the court below and the part of the judgment of the court below of the second instance against Defendant A shall be reversed.

Defendant

A.

Reasons

【Judgment on Grounds for Appeal】

1. The sentencing of the original court (the first instance court: the imprisonment of 10 months, the imprisonment of 6 months, and the second instance court: the imprisonment of 4 months) on the summary of the grounds of appeal is too unreasonable.

2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.

A. After the court of original judgment on Defendant A’s part 1 and 2 completed separate hearings with the Jeonju District Court 201 High Court 201 High Court 2687 and High Court 2013 High Court 201 High Court 2831, Defendant A sentenced the former to 10 months of imprisonment, and the latter to 4 months of imprisonment, Defendant filed an appeal against each of the above decisions, and the court of original judgment decided to hold concurrent hearings of the above two appeals. The first and second trials of original judgment on Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes against Defendant was subject to single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court below on Defendant’s part cannot be exempted from all reversal.

B. According to Defendant B’s statement at the trial court of the first instance, and the statement of inquiry about criminal records, etc., Defendant B’s statement, etc., it can be acknowledged that the above judgment became final and conclusive on February 28, 2014 after having been sentenced to a suspension of execution of one year of imprisonment with prison labor for up to four months at the court of the second instance on February 20, 2014. As such, the judgment of the court of first instance against the Defendant is in the concurrent relationship between the crime of fraud for which the judgment became final and conclusive and the crime of fraud under the latter part of Article 37 of the Criminal Act, and is determined by taking into account equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

3. In conclusion, the entire part of the judgment of the court of first instance against the Defendants and the part of the judgment of the court of second instance against Defendant A, which affected the above ex officio reversal.

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