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(영문) 전주지방법원 2013.05.10 2012노991
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

Reasons

1. The sentence of the original court (the first judgment: the imprisonment of 2 years; the imprisonment of 4 months; the imprisonment of 3 months; the imprisonment of 6 months) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. Ex officio determination of ex officio, the court below sentenced each of the above judgment below after completion of separate deliberation against the defendant, and all of the defendants filed an appeal against it, and the court below decided to hold concurrent hearings of the above appeal case. Each of the offenses of the judgment below 1, 2, and 3 against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 360(1) of the Criminal Act applicable to the crime, Article 360(1) of the choice of punishment (the embezzlement of stolen objects, the choice of imprisonment), Article 37 subparag. 10 of the Resident Registration Act (the illegal use of resident registration numbers, the selection of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, Article 231 (the choice of imprisonment, the choice of imprisonment), Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, and Article 153 of the Road Traffic Act, respectively.

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