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(영문) 대구지방법원 2014.08.22 2014노841
사기등
Text

The remaining parts of the first judgment excluding the application for compensation order and the second judgment shall be reversed, respectively.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for one year, and the second instance judgment: imprisonment with prison labor for two months) declared by the lower court is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each of the appeals cases was tried concurrently at the court of the first instance. As long as each of the criminal facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed, and the remaining parts of the judgment of the court of first instance excluding the part of the application for compensation order among the judgment below excluding the application for compensation order among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment below is reversed, and the following is again decided

Criminal facts

The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: (a) the summary of the evidence in the first instance judgment, except for the alteration of the Defendant’s partial statement in the court room to “1.1. the Defendant’s oral statement” as “the Defendant’s oral statement in the court room,” is the same as indicated in each corresponding column of the lower judgment; (b) thus, all of them are cited in accordance with Article 369

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense; Article 329 of the Criminal Act; Article 231 of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; and Article 37 Subparag. 10 of the Resident Registration Act (the illegal use of another person’s resident registration number) concerning each resident registration number;

1. Between the crimes of uttering of each of the above investigation documents stated in Article 40 and Article 50 of the Criminal Code as stated in the original judgment, and the crimes of uttering of each of the above investigation documents stated in Article 3-B, and each of the crimes stated in Article 3-B of the Criminal Code is more severe.

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