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(영문) 의정부지방법원 2015.03.27 2014노2938
사기
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The punishment sentenced by the court below to the defendant (No. 1: imprisonment of 1 year and 6 months, and imprisonment of 6 months) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and the court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the first and second judgment cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] means a fraud, general fraud, type 2 (not less than KRW 100,000, but less than KRW 500,000] (a special offender] (a) where an unspecified person or a large number of unspecified victims or repeatedly commits a crime for a considerable period of time (decision of the recommended area] [decision of the recommended area] the aggravated area [the scope of punishment] [the scope of punishment by recommendation] [the sum of the amount of profit for a year to a six-year period, the type of single crime which is the most severe as

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