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(영문) 수원지방법원 2014.04.03 2013노6347
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below on the summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 2 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent trials. Each of the offenses of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term or amount increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 231 of the Criminal Act, the choice of imprisonment for each of the following crimes:

1. Of concurrent crimes, the crime of this case committed by the Defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was committed several times with the same criminal convictions, and the Defendant committed three or more larcenys in a short period, and committed four larcenys in a short period, and committed the act of forging a private document by using stolen items, etc., is not good in light of the relevant method or frequency, etc.

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