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(영문) 대전지방법원 2013.03.27 2012노2631
사기등
Text

The remainder of the judgment of the court below and the judgment of the court of first instance, excluding the rejection of an order for compensation and compensation.

Reasons

1. In light of all the circumstances, such as the summary of the grounds for appeal (unfair form of punishment) the fact that the instant crime was committed and the mistake is divided, each punishment (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and 2 months: Imprisonment with prison labor for 4 months) imposed by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court of original judgment, Nos. 1 and 2 sentenced the defendant guilty after completing a separate hearing against the defendant, and the defendant appealed against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings against the above two appeals cases. Each of the offenses in the judgment of the court of first and second instance against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second instance cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, since there is a ground for reversal of the above authority. The judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1), 347-2, 352, and 347-2 of the Criminal Act concerning criminal facts, Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Disclosure, Etc., Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

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