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(영문) 부산지방법원 2015.08.13 2015노1421
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from the applicant for compensation.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the original court (No. 1 year of imprisonment: 1 year of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Articles 25 (1) and 31 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. In light of the circumstances favorable to the Defendant, the Defendant committed the crime of this case, even though he had been subject to criminal punishment for the same kind of crime, and the victim did not reach a total number of times, under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Provisional Execution.

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