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(영문) 대전지방법원 2018.12.20 2018노1359
사기등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order.

Reasons

The summary of the grounds for appeal is that the respective punishment of the judgment of the court below against the defendant (No. 1: imprisonment with prison labor for 6 months and imprisonment with prison labor for 1 year and 2 months) is too unreasonable.

The 2nd judgment decision against the prosecutor's defendant is too unhued and unfair.

Before the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to concurrently examine the appeal cases against the judgment of the court below. Each of the offenses against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single punishment within the term of punishment, which has increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part against the defendant (excluding the part on compensation order) of the judgment of the court of first instance and the judgment of the court of second instance in accordance with Article 364 (2) of the Criminal Procedure Act are all reversed, since there is a ground for reversal of authority above, and the judgment below is

[Re-written judgment (in the case of the second instance judgment, only the defendant is the case of the second instance judgment)] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) the "part of the defendant's written statement" in the summary of the first instance judgment is changed to the "written statement of the defendant at the trial court"; and (b) the "written statement of the defendant at the trial court" is added to the "written statement of the defendant at the trial court" in the second instance judgment under the "2017 High Court Decision 2077" among the summary of the evidence of the second instance judgment, all of the judgment below are as stated in each corresponding column (in the case of the second instance judgment, the corresponding column against the defendant is stated). Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act (joint fraud), Article 347(1) of each Criminal Act, and Article 347(1) of each Criminal Act, respectively.

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