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(영문) 광주지방법원 2013.07.26 2012노1828
사기
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment of eight months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. When taking into account the various circumstances against the Defendants, Defendant A and C (Defendant A: imprisonment with prison labor for one year, confiscation, and Defendant C) and the judgment of the court below for second instance (Defendant A: imprisonment with prison labor for one year, with prison labor for one year, with prison labor for one year, and two years) are too heavy.

B. When taking into account the various circumstances of Defendant B (the judgment of the court of first instance) into account, the punishment of the court of first instance (the imprisonment of eight months and the confiscation) is too heavy.

C. In light of the content and nature of the crime as stated in the second instance judgment (as to the second instance judgment), the prosecutor (as to the Defendant A: imprisonment with prison labor for one year; Defendant B; imprisonment for four months; suspension of execution for one year; and Defendant C: imprisonment with prison labor for two years) of the second instance judgment is too minor.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the first instance court decided to hold the Defendants together with each appeal case by the lower court against the Defendants. The respective offenses of the lower judgment against the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed within the scope of the term of punishment imposed by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the lower court cannot be reversed in its entirety.

3. If so, the decision of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's allegation of unfair sentencing, and the decision of the court below is made again through pleading as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence are as follows. Of the facts charged in the judgment of the court of first instance, the following contents are added to the attached Table Nos. 100, 101, and 102 (the original part was omitted by mistake) among the facts charged in the judgment of the court of second instance. The summary of the evidence in the judgment of the court of first instance is “each of the defendants’ respective legal statements.”

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