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(영문) 수원지방법원 2013.05.09 2013노507
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 gist of the grounds for appeal asserts that the sentence of each court below (No. 1: imprisonment with prison labor for 10 months and 6 months: imprisonment with prison labor) is too unreasonable.

2. Before determining as to the Defendant’s assertion, each of the cases of the judgment below appealed by the Defendant was consolidated in the trial. The facts constituting the crime of the judgment of the first and the judgment of the second court are both concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and the following decision is rendered through pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as shown in the corresponding column of each judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crime at issue; Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Article 54 (1) of the Road Traffic Act; Article 148 of the Road Traffic Act; Article 54 (1) of the Road Traffic Act; Article 151 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act, and a punishment provided for in the Act on the Aggravated Punishment, etc.

1. Punishment;

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