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(영문) 수원지방법원 2016.07.22 2016노1018
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. On October 15, 2015, ex officio determination, the Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. at Suwon Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising Franchising, and the above judgment can be recognized as finalized on April 4, 20

3. Thus, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion, and it is again decided as follows.

[Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) “The Defendant was sentenced to three years of imprisonment with prison labor for fraud, etc. on October 15, 2015 at the Suwon Fagwon,” and the above judgment was finalized on April 4, 2016.

“I. The Defendant’s oral statement at the trial,” written as evidence of his previous conviction in the column of the evidence;

1. Except for the addition of “the sentence of the Suwon District Court Decision 2015 order 14666”, it is identical to each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 347-2 and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: Provided, That the crime of Bosishing, in which the Defendant participated in the sentencing reason of Article 39(1), is organized, planned, intelligent, and non-discriminatory and serious damage to many and unspecified persons.

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