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(영문) 대구지방법원 2018.04.20 2017노4830
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence imposed on Defendant 1 and 2 (the first instance court: imprisonment with prison labor for one year, and the second instance: imprisonment with prison labor for six months) is too unreasonable.

(b)the sentence sentenced to the Defendant by the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the first, second, and second, the Defendant and the prosecutor respectively filed an appeal after having sentenced the Defendant to each conviction, and the Defendant and the prosecutor decided to jointly examine each of the above appeals cases.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by sentence: Imprisonment for not more than 30 years;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] general frauds of Type 1 (less than KRW 100,000) (one year to September) in the special aggravation area (one year to three years) [the specially aggravated person] of the crime, or by deceiving the court in the trial proceedings, thereby committing frauds.

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