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(영문) 대전지방법원 2017.07.06 2016노3131
사기
Text

Part of the judgment of the court below of the first instance, with the exception of the fraud of No. 1 per annum and No. 2.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is too unreasonable that the punishment (off to 1: imprisonment with prison labor for 2 months, and the remainder of the judgment of the court of first instance except the above crimes: imprisonment for 1 year and 6 months, 2, and 3 months: imprisonment with prison labor for 6 months: 6 months) imposed on the defendant.

2. Determination

A. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.

Article 38(1) of the Criminal Act provides that each of the crimes listed in the judgment of the court below in the judgment of the court of first instance, except for the crimes listed in paragraph (1) No. 1 a year, and each of the crimes listed in the judgment of the court below No. 2 and 3, shall be sentenced to a single punishment within the period of punishment for concurrent crimes, which has been adjudicated simultaneously in accordance with Article 38(1) of the Criminal Act.

In this respect, among the judgment of the court below of first instance, each part of the crime other than the fraud of No. 1 per annum and the judgment of the court below No. 2, 3 cannot be maintained as it is.

B. Of the judgment of the court below of first instance, the first instance court’s judgment on the wrongful argument of the sentencing of fraud No. 1 in the crime list (1) annually, is determined within a reasonable scope, taking full account of all the circumstances surrounding the sentencing of the Defendant, and there is no circumstance to newly consider in the first instance trial. Thus, even considering the circumstances asserted by the Defendant on the grounds of appeal, the first instance court’s punishment for the above fraud is too unreasonable.

3. In conclusion, the part of the judgment of the court below in the judgment of the court below, excluding each order for compensation among the part of the judgment of the court below 2, and the part of the judgment of the court below excluding each order for compensation as seen above, is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and this part of the judgment of the court below excluding each order for compensation as set forth in paragraph (1) of the crime inundation table (1) of the judgment of the court below as stated in the judgment of the court below 1

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