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(영문) 의정부지방법원 2014.06.19 2014노212
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (Article 1: 8 months of imprisonment with prison labor and 2 months of imprisonment with prison labor) declared by the original court against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained in its entirety.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have many records of having been punished for the same kind of crime, and in particular, on February 16, 2012, the same year after being sentenced to ten months of imprisonment for a crime of fraud;

7. 23. After completion of the execution of the sentence, the fact that the Defendant committed each of the instant crimes at the same time during the repeated crime period is disadvantageous to the Defendant. Meanwhile, the fact that the Defendant misleads himself/herself and reflects his/her mistake, and that the defrauded amount is small amount, etc. are favorable to the Defendant.

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