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(영문) 수원지방법원 2014.12.08 2014노4500
사기등
Text

The remainder of the first and second original judgments, excluding the violation of the Resident Registration Act, shall be reversed.

Reasons

1. The summary of the grounds for appeal (the first instance court: the imprisonment of 2 years and 6 months, and the second instance court: the imprisonment of 6 months, the imprisonment of 2 months, and the confiscation of 3 crimes in the holding) of the lower court is too unreasonable.

2. Determination

A. Before deciding on the grounds for appeal by the defendant ex officio, the court of first and second trials on the defendant. The court of appeal by the court of first and second trials on the defendant was concurrently tried. Each of the crimes in the first and second judgments on the defendant except the violation of the Resident Registration Act among the crimes in the second and second judgments on the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the defendant should be punished as a single sentence within the term or amount of punishment aggravated concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the part concerning each crime except the violation of the Resident Registration Act, which sentenced two months to imprisonment in the first and second original judgment, can no longer be maintained in this respect.

C. Of the judgment of the court of second instance, the crime of this case on the assertion of unreasonable sentencing regarding the violation of the Resident Registration Act was committed by the Defendant, using another person’s resident registration number, and the quality of the crime was bad, and the Defendant was requested to spread malicious programs, hacking, etc. through the above account opened as above; the Defendant had been sentenced once and twice a suspended sentence, twice a fine was sentenced before the crime was committed; the Defendant’s age, character and behavior, environment, circumstances of the crime, and the outcome of the crime; and the overall sentencing conditions indicated in the records and arguments of this case, including the records and arguments of this case, are comprehensively taken into account, even though the Defendant is against his fault, and the equity is considered when the judgment was rendered at the same time as the judgment was made on January 6,

Even if the lower court’s punishment is unreasonable, it cannot be deemed that the sentence is unreasonable.

3. Thus, the conclusion is as to each crime except the violation of the Resident Registration Act among the first and second original judgments.

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