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(영문) 부산지방법원 2013.11.14 2013노2684
사기
Text

The whole judgment of the court below, including an application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

The defendant, on the grounds of appeal, asserts unfair sentencing to the effect that the punishment (the first instance judgment: imprisonment with prison labor for four years and the second instance judgment: imprisonment with prison labor for eight months) of the lower judgment is too unreasonable.

Before determining the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. The court below's conviction against the defendant is all concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of the term of punishment where the aggravated punishment for concurrent crimes is aggravated in accordance with Article 38 (1) of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below on the ground that there is a ground for ex officio reversal as seen above, without examining the defendant's assertion of unfair sentencing, all the judgment of the court below ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, is reversed, and the pleading is followed, and it is again decided as follows. The application for compensation of L, an applicant for compensation added to the trial, shall be accepted pursuant to Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., but the application for compensation order of the court below and the court below, AF, AL, and X, an applicant for compensation added to the trial, are not clear in the scope of the liability for compensation, and it is not reasonable to issue a compensation order in the criminal

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first and second instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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