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(영문) 대전지방법원 2017.12.14 2017노583
사기등
Text

All judgment of the court below shall be reversed.

Defendant 2016 High Order 4001, second Order 2016, second Order 4096.

Reasons

1. The summary of the grounds for appeal that the court below's decision (No. 1: imprisonment with prison labor for 4 years and 1 year and 6 months, and 2: imprisonment with prison labor for 4 months and 6 months, and 3 months: imprisonment with prison labor for 4 months and 1 year and 6 months) is justified.

2. Each of the appeals filed against the judgment below and this Court decided to hold concurrent hearings. Each of the offenses committed by the judgment below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's unfair argument for sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Inasmuch as the lower court’s judgment, the facts constituting a crime and the summary of the evidence recognized by this court, as well as the summary of the evidence thereof, are deleted as follows: (a) and, except for the cases where the 3th page 7 and March 31, 201 of the 11th page 3, the 3th page 7 and the 11th page “ March 31, 2015” are the same as the corresponding columns of the lower court’s judgment; and (b) thus, they are cited as is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act, each choice of imprisonment for a crime;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes provided that Article 39(1) (the crime of fraud under Article 2016, proviso 4001, proviso 4096, proviso 4096, proviso 2016, proviso 4448, each of the crimes listed in attached Table Nos. 1 through 12 of the List of Crimes, each of the crimes listed in Article 39(1) and paragraph 2 of the same Article.

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