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(영문) 수원지방법원 2017.06.23 2016노8772
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment of not guilty as to each fraud listed in Nos. 2 through 7 of the list of offenses listed in the judgment of the lower court, and rendered a judgment of conviction as to the remainder of the facts charged.

Since the defendant appealed only the guilty portion of the judgment of the court below and the non-guilty portion which the prosecutor did not appeal is separate and finalized depending on the expiration of the period of appeal, the court shall decide only on the guilty portion of the judgment of the court below.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years of suspended sentence of 10 months and 120 hours of community service order) is too unreasonable.

3. According to the evidence duly adopted and examined by the court below, prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court below, the defendant was sentenced on December 17, 2013 to one and a half years of imprisonment with prison labor for fraud, etc. in the Suwon Friwon, which became final and conclusive on June 16, 2014. On October 15, 2014, the judgment of the court below became final and conclusive on October 23, 2014, upon being sentenced to six months of imprisonment with prison labor for fraud from the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Frig, and each of the above crimes against the defendant, for which the judgment of the court below became final and conclusive.

4. 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.

[Re-written judgment] Summary of facts constituting a crime and evidence recognized by this court is a summary of facts constituting a crime and evidence. The first head of the judgment of the court below is "the defendant on December 2013."

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