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(영문) 대전지방법원 2017.04.27 2016노2927
사기
Text

The part of the judgment of the court below, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) is too unreasonable that the sentence imposed on the accused (the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of six months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. As such, the remaining parts of the judgment of the court below, except the compensation order, are reversed ex officio. Thus, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment of the court below except the compensation order, are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with punishment stipulated in the crime of fraud against Victims F with the largest criminal situation) of the Criminal Act aggravated for concurrent crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Application of the sentencing criteria [the types of decisions] The types of Class 1 (less than KRW 100 million) (a person subject to special sentencing): Where a person commits a crime against unspecified or large number of victims or repeatedly commits a crime for a considerable period of time, one year to September of the year of imprisonment with prison labor for the same repeated crime [the area of recommendation] special aggravated area (the scope of recommendation punishment].

3. Determination of sentence;

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