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(영문) 서울중앙지방법원 2013.12.06 2013노929
사기
Text

The judgment of the first instance court [Provided, That the part concerning the suspended execution among the judgment of the second instance (the part concerning the criminal facts) is the part concerning the suspended execution.

Reasons

1. Scope of adjudication and summary of grounds for appeal;

A. Since the Defendant appealed only against Article 2-5 of the facts constituting a crime for which four months have been sentenced to imprisonment among the entire judgment of the first trial and the second judgment of the first trial, the part concerning fraud under Paragraph 1 of the facts constituting a crime for which the Defendant was sentenced to a suspended sentence of imprisonment for four months among the judgment of the second court that did not appeal is separate and finalized. The remaining parts of the Defendant appealed are subject to adjudication of this court.

B. The summary of the grounds for appeal is an unreasonable sentencing. 2. 2. ex officio decision of this court. This court decided to concurrently examine each appeal case against the first instance court's decision subject to a trial of the party. Each of the above crimes which the first instance court's decision found guilty is a concurrent offense relationship under the former part of Article 37 of the Criminal Act (i) a concurrent offense relationship under the former part of Article 37 of the Criminal Act (ii) a case under the first instance court's decision of Article 2012 high group727 and a case under the latter part of Article 37 of the Criminal Act are concurrent crimes with each of the crimes for which judgment of 2011 high group 7848 and the latter part of Article 37 of the Criminal Act becomes final [criminal records], and thus, even though such concurrent crimes should be aggravated, this court's decision has no choice but to reverse the first instance court's decision within the scope of punishment of 201 high class 478, 4878. 2. 81. 2. 81. 2. 81. 2. 2. 81. 2. 81. 2. 2. 8. 2. 8. 2. 2. 2. 2. 2. 2. 2. 2. . . 3. . . . . . . .2.2.2.

3. According to the conclusion, the judgment of the first instance court, which is subject to the party’s trial, has the grounds for ex officio reversal, and thus, the decision on the Defendant’s assertion of unfair sentencing is omitted.

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