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(영문) 창원지방법원 2018.02.07 2017노2232
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal each of the sentencing (the Defendant’s second instance judgment against the lower judgment, and the prosecutor’s first instance judgment against the lower judgment)

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

As to the judgment of the second instance, the Defendant filed an appeal against the judgment of the first instance, and this court decided to consolidate the above two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Article 347-2 of the Criminal Act, Article 156 of the Criminal Act, Articles 6 and 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of fraud), each of the choice of punishment for the crime, Article 347-2 of the Criminal Act, Article 156 of the Criminal Act, Article 6 and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act

1. Article 157, Article 153, and Article 55 (1) 3 of the Criminal Act (with respect to non-prosecution) of the self-denunciation mitigated Act;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Punishment of Violences, etc. is that the defendant confessions and reflects each crime, and the violation of the Act on the Punishment of Violences, etc. (joint conflict) is not sufficient, there is no record of punishment exceeding the fine, and there is no room for the improvement of gender and behavior as university students.

On the other hand, the defendant.

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