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(영문) 서울고등법원 (춘천) 2014.10.22 2013노189 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All of the judgment of the court below against the defendant among the judgment of the court below No. 1 and the judgment No. 2.

Defendant, the lower court’s 1.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the court below is too unreasonable, while the prosecutor asserts that it is too uneasible and unfair.

2. The judgment of the court below in the second instance on the scope of the judgment of our court dismissed the public prosecution on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case, and since the prosecutor did not appeal this part, this

3. Before determining the grounds for appeal by the defendant and prosecutor ex officio, we decided to concurrently examine each appeal case against the judgment of the court below. Among the judgment of the court below No. 1, the two crimes listed in the judgment of the court below No. 2013 Gohap18 and the crimes listed in No. 2 No. 1 through No. 4 of the judgment of the court below, the crimes listed in the No. 2 of the judgment of the court below No. 2 of the judgment of the court below, the crimes listed in No. 1 and No. 3 through No. 7 of the judgment of the court below No. 2 of the judgment of the court below and the crimes listed in No. 5 through No. 9 of the list No. 2 of the crimes listed in the judgment of the court below No. 2 of the court below are concurrent crimes listed in the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot maintain any more

4. On the basis of the conclusion of the decision, without examining the Defendant and the prosecutor’s assertion of unfair sentencing, all of the judgment of the court below on the Defendant and the judgment of the court below in accordance with Article 364(2) of the Criminal Procedure Act are reversed, and the judgment of the court below

Criminal facts

The summary of the evidence and the summary of the judgment of the court below is as stated in each corresponding part of the judgment of the court below after deducting the defendant from adding "1. The defendant's oral statement" to the summary of the evidence of the judgment of the court below. Thus, it is cited in accordance with Article 3

Application of Statutes

1. Article 3 (1) 2 and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which covers the relevant criminal facts and the choice of punishment.

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