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(영문) 춘천지방법원 2015.12.09 2014노860
사기등
Text

The guilty portion of the first judgment and the second judgment shall be reversed.

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

(b).

Reasons

1. Summary of grounds for appeal;

(a) The sentence of Defendant 1 and the second instance court (the first instance court: 2 years of suspended sentence for one year of imprisonment, the probation, and the second instance court: 8 months of imprisonment) is too unreasonable;

Although the Defendant filed a petition of appeal against the original judgment of the first instance, on November 18, 2014, the Defendant did not submit the grounds for appeal within 20 days from the date on which the notification of the receipt of the trial record was served by this court, and the petition of appeal does not contain any statement in the grounds for appeal.

B. The court below acquitted the Defendant of this part of the facts charged, although the Defendant could sufficiently recognize the fact by deceiving the victim C and D as stated in the first instance court’s charges, based on the evidence submitted by the prosecutor (as to the first instance court’s judgment), the court below acquitted the Defendant of this part of the facts charged. This judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence of the court below of unfair sentencing under the first instance court’s sentence is too unreasonable.

2. Determination

A. Prior to the judgment on each of the grounds for appeal above ex officio, the first and second court sentenced the defendant to the above punishment after the examination of each of the above grounds for appeal was completed separately by the court below, and the defendant filed an appeal against the first and second court judgment; the prosecutor filed an appeal against the first and the second court; and the court of the first and the second court decided to hold concurrent hearings. Each of the crimes of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the guilty part of the first and the second court judgment cannot be exempt from all of the reversal.

However, the part of the first judgment of conviction and the second judgment of the court of appeal, despite the above reasons for ex officio reversal, are not guilty.

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