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(영문) 전주지방법원 2016.01.27 2015노847
사기등
Text

All parts of the judgment of the court below in 1, 2, 3 and the judgment of the court below in 4 are reversed.

Defendant

B. Imprisonment.

Reasons

1. Following the summary of the grounds for appeal, each of the original judgments against the same Defendants is too unreasonable.

(a) The first instance judgment of Defendant B: Imprisonment with prison labor for not more than two years, the number of confiscated evidence Nos. 7 through 21, and the second instance to collect additionally KRW 20,000: Imprisonment for not more than eight months and the fourth instance to collect additionally KRW 1850,00: Imprisonment for not more than six months;

(b) The first instance judgment of Defendant AE: Imprisonment with prison labor for a period of one year and six months, the death penalty of any of subparagraphs 1 through 5, and the collection of additional collection of KRW 50,000: imprisonment for a period of eight months, and KRW 250,000.

2. Defendant B filed an appeal against the judgment below of the court below Nos. 1, 2, and 4, and Defendant AE filed an appeal against the judgment below of the court below of first and third, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the above judgments against the Defendants is in a concurrent relationship with the former part of Article 37 of the Criminal Act, one of the offenses against the Defendants should be sentenced to an aggravated punishment pursuant to Article 38(1) of the Criminal Act, and in this respect, the part on Defendant B among the judgment of the court below of first, second, third, and fourth, cannot be maintained.

3. Accordingly, the judgment of the court below is reversed on the grounds of the above ex officio reversal. Thus, without examining the defendants' unfair argument of sentencing, the part concerning the defendant B among the judgment of the court below Nos. 1, 2, 3 and the judgment of the court below No. 4 pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as stated in each 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 Article of the Act and the choice of punishment for the crime;

A. Defendant B: Articles 347(1) and 30 of the Criminal Act (the fraud point), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act (the purchase of philopon) and Article 60(1)2 of the Narcotics Control Act.

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