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(영문) 청주지방법원 2016.08.18 2016노280
사기등
Text

All judgment of the court below shall be reversed.

Criminal Code (1) No. 1 to 13 of a year is each crime in which the defendant's judgment is held.

Reasons

1. Summary of grounds for appeal;

A. The court below's punishment (the court below's judgment Nos. 1: 1 to 14 per annum for each of the crimes listed in the crime list No. 15 to 26 each of the crimes listed in the judgment below and the crime committed in the list No. 15 to 26 each of the crimes listed in the judgment below's judgment, is unfair because the imprisonment of six months for each of the crimes listed in the list No. 1 of the crime committed in the judgment below, and the imprisonment of four months for each of the crimes listed in the list No. 2 to 6 per annum of the crime list as shown in the judgment below, and the imprisonment of four months for each of the crimes listed in the list No. 1 of the crime list No. 2 to 6 per annum in the judgment below

B. Each sentence of the lower court’s 2nd sentence is too unhued and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

A. The appeal case against the judgment of the court below was combined at the trial. Among each of the crimes listed in the judgment of the court below, the crimes listed in the list of crimes (1) through (1) No. 1 to 13 each year each of the crimes listed in the table of crime (3) of the judgment of the court below, (2) each crime listed in the table of crime No. 14 to 26 each of the crimes listed in the table of crime (1) of the judgment of the court below, and each crime listed in the table of crime No. 14 to 26 each of the crimes listed in the table of crime (2) of the judgment of the court below, and each of the crimes listed in the table of crime No. 2 to 6 of the judgment of the court below are concurrent crimes listed in the former part of Article 37 of the Criminal Act, so it is impossible to maintain the judgment of the court below as it is.

B. In addition, the judgment of the first instance is erroneous as follows.

In other words, the defendant was sentenced to a suspended sentence of two years on October 23, 2013 to six months of imprisonment due to fraud, etc. at the Goyang Branch of the Jung-gu District Court on March 23, 2013, and the above judgment became final and conclusive on October 31 of the same month, each of the crimes listed in (1) through (1) 1 through (13) of the crime list in the judgment and the crime of final and conclusive judgment after Article 37 of the Criminal Act are concurrent crimes. However, the court below held that each of the crimes listed in (1) 1 through 14 of the crime list in the judgment of the court below is in a concurrent crime relationship with the crime of final and conclusive judgment after

After the judgment, each of the crimes listed in the judgment (1) No. 1 to 14 is judged.

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