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(영문) 대구지방법원 2017.03.22 2017노44
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered against the defendant is too unreasonable (the first instance judgment: imprisonment with prison labor for a year and six months, and the second instance judgment: imprisonment with prison labor for a period of six months).

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below, which the judgment of the court below sold, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the cases of cutting or adding the three parts as follows, and thus, it is identical to the corresponding columns of the judgment below. Thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

On December 4, 2007, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on May 1, 2008 and completed the execution of the sentence on April 14, 2010.

“ ........”

On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for not more than one year and six months at the Seog District Court Branch Branch of the Daegu District Court on September 8, 2016, and the judgment was finalized on June 20, 2016.

“........”

1. The summary of the original judgment’s evidence is added to “1. Defendant’s oral statement at the trial court.”

Application of Statutes

1. Each of the relevant Articles of the Act concerning the facts of crime;

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