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(영문) 의정부지방법원 2015.04.10 2014노1991
사기등
Text

Paragraph 1 and 4-A of the judgment of the court of first instance.

Part of the defendant except for the crimes of each paragraph, and 2.

Reasons

1. Summary of the grounds for appeal each of the punishments imposed by the court below on the defendant (Article 1: 6 months and 3 years of imprisonment, and Article 2: 1 year of imprisonment of the court below) is undue;

(The defendant explicitly withdraws his assertion of mistake of facts on the 6th trial date of the trial of the court (the 6th trial).

A. Before determining the grounds for appeal by the Defendant’s ex officio, the decision was made by examining ex officio the cases of appeal by the party members, and by combining each of the judgment below against the Defendant by the party members. Paragraph 1 and Paragraph 4-A of the judgment of the first instance.

Since the crime of the remaining accused except for the crimes of each paragraph and the crime of fraud of the second instance judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be sentenced to a single sentence within the scope of punishment imposed by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the corresponding part of each judgment of the court below cannot be maintained as it is for reasons for ex officio reversal.

B. Paragraphs 1 and 4-A of the judgment of the court of first instance

The Defendant stated that the Defendant made a confession of the entire criminal facts of this case and reflects his mistake in depth on the assertion of unreasonable sentencing regarding each of the crimes of this case, and that the equity should be taken into account at the same time with the case of a judgment of the first head of the criminal facts (one year and six months of imprisonment) at the time of a final judgment on each of the crimes of this case, etc. in favor of the

However, the crime of this case committed by the defendant is not less complicated in light of its details and content, degree of damage, etc., the victim's agreement or complete recovery has not yet been made until now, there are no special changes in circumstances to change the sentence of the court below, and the conditions of the sentencing of this case, such as the defendant's age, character, conduct, intelligence and environment, motive and background of the crime of this case, relationship to victims, circumstances after the crime, criminal record and family relation, etc.

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