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(영문) 수원지방법원 2018.12.12 2018노5320
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The decision of the court below (No. 1: imprisonment with prison labor for 1 year and 4 months, and imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and as to this, it should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as follows: "The defendant in the column of the criminal records of each criminal fact of the judgment below was sentenced to one year of imprisonment for a crime, etc. at the Incheon District Court Branch Branch of the Incheon District Court on December 18, 2014, and the execution of the sentence was terminated on April 21, 2015; on February 18, 2016, the defendant was sentenced to one year of imprisonment for a crime of fraud in the support of Suwon branch of the Suwon branch of the Suwon branch of the District Court on February 18, 2016 and completed the execution of the sentence on September 14, 2016; and on the addition of "the execution of the sentence was completed" as stated in each corresponding column of the judgment below; therefore, it is cited as it is in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud), Articles 48 Subparag. 3 and 26(1) (the point of gambling) of the National Sports Promotion Act, and each choice of imprisonment with prison labor, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (the record of each of the crimes stated in the judgment has been recorded, but the record of each of the crimes has been recorded, on April 21, 2015, the first instance judgment’s prior conviction for which the enforcement of a sentence has been completed shall be the sequence II of the crimes committed at

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