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(영문) 대구지방법원 2017.01.12 2016노3294
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 decision of the court below on the gist of the grounds for appeal (No. 1: imprisonment with prison labor for a year, and No. 2: imprisonment with prison labor for a period of six months) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court made a decision to jointly review the two appeals cases, and each of the offenses in the judgment of the court below Nos. 1 and 2 are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence by judgment at the same time.

In this respect, the judgment of the first and the second judgment cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's unfair argument for sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the first and second judgments, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 35(2) and 355(1) of the Criminal Act; Articles 355(2) and 347(1) of the Criminal Act concerning the crime; Articles 231 of the Criminal Act; Articles 234 and 231 of the same Act; Articles 355(2) and 355(1) of the Criminal

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Two crimes (private documents) for which the sentencing guidelines apply are applicable (the scope of recommendations / [the scope of punishment / [the forgery, alteration, etc. of private documents] of types 1 (facing up to 2 years) in the basic area (facing up to 6 months) (facing up to 2 years), including forgery, alteration, etc. of private documents [the scope of recommendations] of types 1 (facup to 6 months) in the basic area (facup to 2 years), including forgery, alteration, etc. of private documents [the scope of recommendations] of types 3 (facup to 6 months) in the basic area (facup to 2 years).

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