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(영문) 수원지방법원 2014.03.27 2013노5541
사기
Text

All of the first and second original judgments shall be reversed.

Of the first judgment of the court of first instance, the defendant is the defendant's 2013 order432.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (one month of imprisonment, two years and five months of imprisonment, and six months of imprisonment with prison labor with prison labor for the remaining crimes) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination on the grounds for appeal by authority, the facts that the said judgment became final and conclusive on March 29, 2012 after having been sentenced on March 21, 2012 by the Suwon District Court for one year to be a crime of fraud, and two years to a suspended sentence, are as shown in the first head of the crime of the first instance judgment. On the other hand, the crime of fraud in the above judgment and the second judgment of the lower court for fraud in Article 2013Da6822 of the Criminal Act, among the above judgment of the lower court, are in the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering equity with the case to be concurrently decided in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. However, the second judgment of

On the other hand, each appeal case against the first instance judgment and the second instance judgment was combined with each other. Of the first instance judgment, the crime of fraud in attached Table 1 of 2013Kadan432 of the second instance judgment and the crime of fraud in attached Table 1 of 2013Kadan682 of the second instance judgment, and the remaining crimes of the first and second lower judgment constitute concurrent crimes under the former part of Article 37 of the Criminal Act. In the first instance court, each of the above crimes in relation to concurrent crimes under the former part of Article 37 of the Criminal Act should be adjudicated simultaneously and sentenced to a single punishment in accordance with Article 38 of the Criminal Act.

After all, the first and second original judgments cannot be maintained as they are.

3. According to the conclusion, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, all of the first and second original judgments are reversed ex officio, and the following are again decided after pleading.

[Discied Judgment] Criminal facts and charges.

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