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(영문) 전주지방법원 2017.03.16 2016노1640
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and two months and by a short term of ten months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment with prison labor, a short term of one year and one year) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the first head of the facts charged in this case was examined by the prosecutor, and the first head of the facts charged by the prosecutor was determined on December 13, 2016, “The Defendant was sentenced to imprisonment with prison labor for a maximum of six months, a short term of four months, and a judgment on December 21, 2016, on December 21, 2016.

The judgment of the court below was no longer maintained because the subject of the judgment was changed by this court after adding "" and applying the applicable law with the addition of "Article 39 (1) of the Criminal Code" to "Article 39 (1) of the Criminal Code," and this Court permitted it.

3. Thus, 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, and it is again decided as follows after pleading.

Criminal facts

On December 13, 2016, the Defendant was sentenced to imprisonment with prison labor for a maximum of six months and for a short of four months at night district court on December 21, 2016, and the judgment was finalized on December 21, 2016.

“A previous conviction in the judgment of the court below” and “a prior conviction in the judgment of the court below” are the same as the corresponding columns in the judgment of the court below, except for the addition of “a prior conviction in the judgment of the court below” at the end of the summary of the evidence and “a prior conviction in the judgment of the court below: the defendant’s legal statement of the court below and 201

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act of the choice of punishment (a thief, Article 30 of the Act in the case of joint crimes), Article 70(1)3 (a) of the Act on Financial Business Specializing in Credit (a use of each theft, lost credit, and physical card), Article 347(1) of the Criminal Act (a) and Article 360(1) of the Criminal Act (a) (a point of each fraud), and each choice of imprisonment with prison labor;

1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes

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