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(영문) 광주지방법원 2015.06.16 2015노586
사기등
Text

The part of the judgment of the court below regarding the crime Nos. 1, 2, 3, and 6 of the judgment of the court below and the second judgment shall be reversed.

Defendant 1.

Reasons

1. The summary of the grounds for appeal (crimes Nos. 1, 2, 3, and 6 of the judgment of the court below: Imprisonment for 8 months and 4 of the judgment of the court of first instance: Imprisonment for 2 months and 5 of the judgment of the court of first instance: Imprisonment for 2 months and 2 months: Imprisonment for 2 months and 2 months) is too unreasonable.

2. Determination

A. In the judgment of the court of first instance, the part concerning the crime Nos. 1, 2, 3, and 6 of the judgment of the court of first instance, and the reason for appeal of the court of second instance, prior to the judgment of the court of first instance, the defendant filed an appeal against the judgment of the court of first instance, and the court of first instance decided to concurrently examine the appeal cases against the judgment of the court of first instance. The judgment of the court of first instance regarding the defendant shall be sentenced to a single punishment within the term of punishment for aggravated concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part concerning the crime Nos. 1, 2, 3, and 6 of the judgment of the court of first instance and the judgment of second instance

B. Of the judgment of the court of first instance, with respect to the crimes of Article 4 and the crimes of Article 5 in the judgment of the court below, the defendant used the name of friendship and did not pay the price by opening a telephone or selling telephone. The crimes of Article 5 in the judgment of the court of first instance are committed during the period of suspension of execution, and the crimes of Article 5 in the judgment of the court of first instance are committed during the period of suspension of execution, and other various circumstances which form the conditions for sentencing as indicated in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and equity between the cases where the judgment of the court of first instance rendered a judgment simultaneously with each crime of Article 4 in the judgment of the court of first instance and the crimes of Article 5 in the judgment of

3. As such, the part concerning the crime Nos. 1, 2, 3, and 6 of the judgment of the court of first instance as to the conclusion and No. 2.

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