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(영문) 창원지방법원 2019.05.02 2018노2571
사기등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the grounds for appeal asserts that each of the original decisions (the first instance judgment: imprisonment with prison labor for a year and June, and the second instance judgment: imprisonment with prison labor for a period of two months and the third instance judgment: imprisonment for a period of two months) is too unreasonable and unfair.

2. The Defendant filed an appeal against the judgment of the first instance court, the judgment of the second instance, and the judgment of the third instance following the consolidation, and the court decided to consolidate each of the above appeals.

However, since each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment of the court below, and the following decision is rendered following the pleadings.

[Dao-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are identical to the corresponding columns of the judgment of the court of first instance, except where "the police interrogation protocol of the defendant (including one right 45 pages, D parts of evidence) of the police interrogation protocol of the defendant as "1. The police interrogation protocol of the defendant against the defendant (including one right 1, 45 pages and D parts of evidence record)" in the summary of 2018 Godan1064 of the judgment of the court of first instance is deemed as "the police interrogation protocol of the defendant (including one right 1, 45 pages, D parts of evidence

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 355(1) of the Criminal Act that allows the choice of punishment, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 38(1)2, Article 50 of the Criminal Act, and Article 37 of the same Act, with regard to the Z of the

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