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(영문) 부산지방법원 2019.01.10 2018노3568
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 ten months.

Reasons

1. The summary of the grounds for appeal (Article 1: 1 year of imprisonment with prison labor and Article 2 (10 months of imprisonment with prison labor) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the cases of the judgment of the court below that the defendant appealed in the trial of the court below is merged with each of the cases of the judgment below that held against the defendant, and the facts of the crime of the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced at the same time in accordance with Article 38 of the Criminal Act

3. According to the conclusion, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Punishment provided for in Articles 40 and 50 (Punishments under the Act on Special Cases concerning the Settlement of Traffic Accidents at Time of Sales and under the Act on Special Cases concerning the Settlement of Traffic Accidents among the Crimes under Articles 40 and 50 (Punishments under the Act on Special Cases concerning the Settlement of Traffic Accidents and the Crimes under the Road Traffic Act with the largest punishment

1. As to the crime of fraud, crime of violation of the Guarantee of Automobile Accident Compensation Act, each of which is the choice of punishment, the choice of imprisonment and the Act on Special Cases concerning the Settlement of Traffic Accidents.

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