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(영문) 창원지방법원 2017.10.19 2017노1653
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendant (No. 1: imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a period of four months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (one year and two months) is too unhued and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

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 criminal defendant and the prosecutor's improper assertion 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 facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the relevant Criminal Code for the crime (the point of fraud), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Code, Article 148 and Article 54 (1) of the Road Traffic Act (the point of non-measures after an accident), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code for the crime (the point of uttering of the aforementioned investigation document)

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes is that the defendant is punished once by a fine for driving without a license and that the defendant is guilty of fraud.

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