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(영문) 대전지방법원 2014.07.09 2013노2914
사기등
Text

Part of the first judgment excluding compensation order and all of the second judgment shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below rendered (the first judgment of the court below: imprisonment with prison labor for 1 year and 2 months: imprisonment with prison labor) is too unreasonable.

We examine ex officio the defendant's grounds for appeal prior to judgment.

This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the part excluding a compensation order among the first instance judgment and the second lower judgment should be reversed.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part except compensation order and the second judgment of the court of first instance are all reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the criminal facts and evidence of this case against the defendant is identical to each of the corresponding columns of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Each fraud: Article 347(1) of the Criminal Act;

(b) Forgery of private documents: Article 231 of the Criminal Act;

(c) Uttering of respective investigative documents: Articles 234 and 231 of the Criminal Act;

(d) Illegal use of another person's resident registration number: Article 37 subparagraph 10 of the Resident Registration Act;

(e) Illegal use of another person's resident registration certificate: Subparagraph 8 of Article 37 of the Resident Registration Act;

1. Selection of imprisonment with prison labor for each of the crimes of uttering of each of the above-mentioned documents under Articles 40 and 50 of the Criminal Act (the crimes of uttering of each of the above-mentioned documents as of May 7, 2013 and the crimes of uttering of each of the above-mentioned documents as of May 28, 2013)

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

1. The Criminal Act, the suspension of execution;

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