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(영문) 광주지방법원 2017.02.08 2016노4302
사기등
Text

All parts of the judgment of the court below, excluding the parts of the compensation order and the dismissal order, shall be reversed.

Reasons

1. The summary of the grounds for appeal in the judgment below (No. 1: 4 years of imprisonment, and 2 years and 6 months of imprisonment, of the judgment below No. 2) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, this Court tried to examine each appeal case against the defendant by combining the judgment below against the defendant. Each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed without examining the defendant's unfair argument of sentencing, and the remaining parts of the judgment below excluding the part of rejection of compensation order and compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act are all reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). The application of statutes is as follows.

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the point of each fraud, the choice of imprisonment, and the punishment), each of Article 225 (the point of each alteration of official document), Articles 229 and 225 (the point of each alteration of official document) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Applicant BR: Article 32 (1) and Article 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the existence or extent of liability of the defendant for compensation is not clear);

1. Applicant BU for Compensation Order and Provisional Execution Declaration: The defendant's reasons for sentencing under Article 25(1), Article 31(2), and Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are both recognized and is in profoundly against himself/herself.

The defendant is an initial offender who has no record of punishment.

On the other hand, the defendant sells cars.

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