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(영문) 울산지방법원 2017.01.19 2016노1550
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The sentence sentenced to the first and second core trials (one year of imprisonment and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing with each of the above two appeals cases. Since each of the offenses committed by the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. Accordingly, 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2), Article 3(1), Article 3(2)1, 2, and 8 (the point of causing occupational negligence) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Articles 148-2(1)1, 44(1) of the Road Traffic Act, Article 239(1) of the Criminal Act (the point of driving under the influence of alcohol), Article 239(2), and Article 239(1) of the Criminal Act (the point of exercising the signature of the above investigation)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is most severe, shall be applicable);

1. Determination of punishment shall be subject to imprisonment with prison labor for each crime of fraud, and any violation of road traffic laws;

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