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(영문) 수원지방법원 2013.09.26 2013노3192
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is improper because each punishment (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: the fine of 2 million won) that the lower court sentenced against the Defendant is too unreasonable.

2. Before the judgment of the court below on the grounds for appeal by the defendant ex officio, each of the offenses in the judgment of the court below which the court below found guilty was consolidated and tried in the trial. Each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. According to the conclusion, the judgment of the court below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, shall be reversed, and the following judgments shall be rendered again through pleadings.

Criminal facts

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

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of punishment for the crime

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant committed several times during a long period from around September 201 to October 201, and the amount of damage caused by the instant crime was not small, and the victims did not recover from their damage, as well as the following circumstances, including the Defendant’s age, character and behavior, environment, background, criminal conduct, means and method, etc., which are the conditions for the pleadings and the sentencing indicated in the records of the instant case, shall be determined as per Disposition, by taking into account the following circumstances:

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