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(영문) 부산지방법원 2014.03.21 2013노3087
사기미수등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The main points of the grounds for appeal are that each of the punishments (one and half years of imprisonment with prison labor for the first instance court, and ten months of imprisonment for the second instance court) declared by the lower court is too unreasonable.

2. The case of this court 2013No3087, which is the appeal case against the judgment of the court of first instance, was consolidated in the proceedings of the oral argument before the judgment on the grounds for appeal by the defendant's ex officio, and the case of this court 2014No224, which is the appeal case against the judgment of the court of second instance, was joined in the proceedings of the oral argument. Since each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below shall be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, since the above grounds for reversal exist, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in the judgment of the court below, except that "the defendant was sentenced to one year and six months from June 16, 2009 to larceny from the Busan District Court's Dong Branch Branch Branch of the Busan District Court to the effect that "the execution of the sentence was completed at the Gan vocational training prison on October 28, 2010" was the same as the corresponding column of each judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant for sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are each of the instant cases.

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