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(영문) 청주지방법원 2015.04.03 2014노1087
사기등
Text

The judgment of the court below and the judgment of the court below are all reversed.

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

evidence of seizure.

Reasons

1. The gist of the reasons for appeal is that the punishment of each judgment of the court below [one year and six months of imprisonment, three months of imprisonment and confiscation (No. 2)] is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below against the defendant was rendered separately, and the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold a joint hearing of each appeal case.

Thus, each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment shall be sentenced in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below has already become unable to be maintained.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of joint injury by the relevant Article of the Punishment of Violences, etc. Act: The point of joint confinement under Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act: Article 2 (2) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, and Article 276 (1) of the Criminal Act: The point of non-compliance with a call under Article 276 (1) of the Criminal Act: Article 88 (1) 2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; before it enters into force on December 5, 2013) and Article 231 and Article 30 of the Criminal Act: The point of exercising the falsified private documents under Article 234, 231, and 30 of the Criminal Act: The point of holding the unlawful uttering of public documents under Article 230 of the Criminal Act: Article 347 (1) of the Criminal Act.

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