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(영문) 수원지방법원 2018.08.23 2017노8854
사기등
Text

All judgment of the court below shall be reversed.

No. 3 to 396 is the net list of crimes in the annexed sheet No. 1 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of each of the judgment below against the defendant (the judgment of the court of first instance against the judgment of the court of second instance) (the punishment of each of the judgment of the court of first instance against the defendant (the punishment of each of the judgment of the court of second instance is unfair) is too unreasonable.

B. The prosecutor (misunderstanding the facts against the judgment of the court below of first instance and misunderstanding the sentencing) 1) is erroneous (related to each acquittal of the judgment of first instance), each of the crime of fraud in this case, violation of the National Health Insurance Act, and violation of the Resident Registration Act are in a substantive concurrent relationship for each of the following acts.

Nevertheless, the court below ruled that all of the above crimes constitute a single comprehensive crime, and thereby acquitted each of the above charges in accordance with the final judgment against the defendant. The judgment of the court below of first instance is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) Each sentence of the first original adjudication decision against an unfair defendant in sentencing is too uncomfortable and unfair.

2. A prosecutor of the scope of the trial at this court filed an application for changes in the indictment with the purport of eliminating each part of the attached list of crimes (1) Nos. 397 through 412, 539 through 541 as to the fraud of the first judgment resolution, violation of the National Health Insurance Act, and violation of the resident registration law, which led to the trial at first instance, and the court granted permission on August 9, 2018.

As seen earlier, since the fraud of the first instance judgment, the violation of the National Health Insurance Act, and the violation of the Resident Registration Act are in substantive concurrences by each individual criminal act, the prosecutor's application for changes in indictment filed in the first instance judgment against the judgment of the court below is not to withdraw some of the charges that constitute a single crime or a single comprehensive crime, but to withdraw some of the charges that constitute a substantive concurrent relationship and thus, is revoked.

In this regard, the appellate court is not allowed to revoke the public prosecution (Article 255(1) of the Criminal Procedure Act), and such revocation of the public prosecution is not effective.

This Court.

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