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(영문) 수원지방법원 2016.03.30 2015노5547
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The decision of the court below (No. 1: imprisonment with prison labor for 1 year and 2 months, and imprisonment with prison labor for 1 year and 1 year) is too unreasonable.

2. Prior to the judgment of the court of first instance and the court of second instance as to the defendant's unfair judgment's unfair judgment on the sentencing of the defendant, the judgment of the court of first instance and the court of second instance were sentenced to each of the above judgment, and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeal cases. Since each of the offenses of first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, and therefore, the judgment of the court of first and second judgment cannot be maintained.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this Court and the summary of the evidence thereof are as follows: (a) from February 2, 2013 to February 2, 2013 of the annexed list of crimes No. 1, “B” to “B,” the same as each corresponding part of the judgment of the court below, except for the changes to “B,” thereby citing it as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 319(1), 30 (205, 305, 203, and 2201 of the Criminal Act concerning the selection of punishment), Article 319(1) of the Criminal Act (the fact of intrusion upon other residence), Articles 314(1), 30 (the fact of interference with business No. 305, 203, 201) of the Criminal Act, Article 314(1) of the Criminal Act (the fact of interference with business) of the Criminal Act, Article 314(1) of the Criminal Act (the fact of interference with the remaining business), Article 347(1) of the Criminal Act (the fact of fraud)

1. The defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are the time of committing a crime, and fraud.

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