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(영문) 대전지방법원 2014.11.05 2014노1198
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

Reasons

The summary of the grounds for appeal (e.g., punishment in the first instance: imprisonment with prison labor for 6 months and 6 months in the second instance: imprisonment with prison labor for 6 months) that the court below made 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 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, so in this regard, the first and second lower judgment shall be reversed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal of authority above, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Criminal Act is the crime of this case, which is obtained through delivery of convenience points, etc. even though the defendant did not have the intent or ability to repay, and there is a need to strictly punish the defendant by committing the crime several times in the same way with six victims during a short period of time. The defendant does not reflect the fact that he had the previous conviction of the same kind of fine eight times, but instead commits the crime of this case.

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