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(영문) 수원지방법원 2017.08.11 2016노8966
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Evidence of seizure Nos. 3 through 7.

Reasons

1. The defendant asserts the gist of the grounds for appeal that the punishment imposed by each court below [No. 1 original judgment (No. 1 original judgment of Suwon District Court Branch Branch of 2016 highestest 3832: Imprisonment for 10 months and confiscation, and the second original judgment (No. 2017 highest 849: imprisonment for 2 years and 6 months): Imprisonment for 2 years and 3 months] is too unreasonable, and the prosecutor asserts that the punishment of the court below 1 is too uneasible and unfair.

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the Prosecutor, this Court tried by combining the judgment of the first instance court and the judgment of the second instance court and each appeal by the second instance. Each of the crimes of the first and second instance judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and it is again decided as follows.

【Re-written part of the judgment below] Criminal facts and summary of the evidence recognized by the court and summary of the facts constituting the crime and summary of the evidence are identical to each of the corresponding columns of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders [Article 25(2) of the Act on Special Cases Concerning the Payment of 2,800,000 won to the applicant C among the judgment of the court of the second instance (the early 390)], the Defendant deposited all compensation orders in the first instance court, and the applicant C seeks compensation of 28,710,384 won in the first instance trial.

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