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(영문) 광주지방법원 2015.09.10 2015노1487
사기등
Text

All judgment of the court below shall be reversed.

The punishment against the defendant shall be punished by imprisonment with prison labor for two months from the judgment of the court of first instance.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for a crime No. 2, 3, or 4 as stated in the judgment of the court below, for a period of four months, and fines of 3,000,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two appeals cases against the defendant by combining them, and the crimes of Articles 2, 3, 4 and 2 of the judgment of the court of first instance among each of the cases deliberated upon by the court of first instance shall be sentenced to a single sentence within the scope of the term of punishment increased for concurrent crimes pursuant to Article 38(1) of the Criminal Act, since the crimes of Articles 2, 3, and 4 of the judgment of the court of first instance among the cases deliberated upon by the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of first instance cannot be exempted from the reversal

In addition, according to the records, the defendant was sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Gunsan Branch of the Jeonju District Court on November 26, 2009, one year and six months in imprisonment for fraud, and completed the execution of the sentence on March 29, 2011, and the defendant's crime of fraud against the victim E can be recognized that the defendant committed the crime against the victim E within three years from the execution date of the sentence. As such, the crime No. 1 of the judgment of the court of first instance in the decision of the court of first instance constitutes a repeated crime and determined the punishment as a repeated crime under Article 35 of the Criminal Act, despite its omission, the part of the judgment of the court

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, since there exists a ground for ex officio reversal as seen above. The judgment of the court below is reversed, and it is again decided as follows

Criminal facts

The summary of the facts charged and the evidence recognized by the court is out of the judgment of the court of first instance.

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