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(영문) 의정부지방법원 2016.07.08 2016노1159
상습사기등
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (one year and five months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor received 16,625,50 won in total over 70 times, such as the statement in the list of crimes in the attached Table, which is habitually fraudulent among the facts charged at the trial of the party.

“A total of KRW 17,025,500 was delivered over 71 times, such as in the list of offenses.”

"A change to "," and an application for changes in the list of crimes attached to the court below was made to the list of crimes attached to the court below, and this court permitted the changes in the list of crimes attached to the court below.

Since the criminal facts added to the facts charged should be sentenced to a single punishment in the relationship of habitual crime and comprehensive crime of fraud as stated in the remaining judgment of the court below, the judgment below cannot escape from the whole destruction.

3. As seen earlier, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: ① change the relevant part of the facts charged in the judgment of the court below among habitual fraud as described in paragraph (2) above; ② change the facts charged in the judgment of the court below into “86 times through 87 times” in the seven parts of the Habitual Gambling of the facts charged in the judgment below, and the judgment of the court below is written in 86 times, but it seems that it is a clerical error.

③ The written statement of the lower judgment is as follows: “1. AT” and “1. Details of transaction, materials to be submitted,” respectively; and ④ In addition to the alteration of the daily list of crimes attached to the original judgment into the list of crimes attached to the lower judgment, it is identical to each corresponding column of the lower judgment. As such, it is in accordance with Article 369 of the Criminal Procedure Act.

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