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(영문) 창원지방법원 2017.01.19 2016노2571
사기
Text

All the judgment of the court below shall be reversed (Provided, That the part on the defendant B and the compensation order and the second judgment shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The respective sentences of the judgment of the court below (No. 1: imprisonment with prison labor for 1 year, 2 years: imprisonment with prison labor for 3 months and 3 months: imprisonment with prison labor for 2 months) are too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, the defendant examined the judgment of the court below, and the prosecutor filed each appeal against the judgment of the court of first instance, and this court decided to hold a joint hearing of each of the above appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime 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. Therefore, the lower judgment is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, 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 and Article 347(1) of the Criminal Act concerning criminal facts (Article 30 of the Criminal Act and Article 347(1) of the same Act concerning the selection of punishment)

1. The fact that sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes has been committed repeatedly over 120 times from November 201 to May 2016, and the total amount of damage has not been specified as approximately KRW 22 million, and additional crimes have been committed while escape while being tried, and there are only one same criminal record and many juvenile protective dispositions have been issued for the same kind of crime.

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