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(영문) 부산지방법원 2014.07.25 2014노999
사기
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The gist of the grounds for appeal asserts that each of the punishments (one year of imprisonment with prison labor and three months of imprisonment with prison labor) of the judgment of the court below is too unreasonable, and the prosecutor asserts that the punishment of the judgment of the court of first instance is too uneasible and unfair.

2. Ex officio determination of ex officio, each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act. Since this court held a concurrent hearing of each of the cases in the judgment of the court below and selected the same type of punishment for each of the above crimes, it is necessary to render a single sentence in accordance with Article 38(1) of the Criminal Act for each of the above crimes. In this regard, the judgment of the court

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance excluding the compensation order part among the judgment of the court of first instance is reversed, and the judgment below is ruled as follows through pleading.

Criminal facts

and summary of the evidence, the facts of the offense recognized by the court and summary of the evidence

Since the judgment below's corresponding columns are the same as each corresponding column of the judgment, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 and 30 of the Criminal Act concerning the crime (limited to the joint crime committed with D);

1. Article 35 of the Criminal Act among repeated crimes;

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

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