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(영문) 대구지방법원 2017.06.23 2017노222
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the judgment of the court below (No. 1: imprisonment with prison labor for 1 year and 6 months, and 2 years of suspended execution for 10 months and 2 years of suspended execution) is too unreasonable.

B. The above sentence sentenced by the court below of the second instance by the prosecutor is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the above defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to hold concurrent hearings of each appeal case. Since the facts constituting the above judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be sentenced. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on each of the unfair arguments of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts constituting an offense and evidence recognized by this court is as follows: (a) the sum of KRW 187,020, the sum of KRW 188,020, the sum of KRW 20,589,80, KRW 200, KRW 200, KRW 200, KRW 2000, KRW 20, KRW 20, KRW 200, KRW 200, KRW 200, KRW 20, KRW 200, KRW 20, KRW 200, KRW 20, KRW 20, KRW 200, KRW 20, KRW 200, KRW 20, KRW 200, KRW 20, KRW 3334,000, KRW 8, and KRW 20, KRW 206, KRW 20, KRW 20, KRW 206, KRW 206, KRW 206-16, KRW 360-16,”

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