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(영문) 광주지방법원 2013.09.16 2013노535
사기등
Text

Of the judgment of the first instance, the parts excluding the compensation order and the parts 2, 3, and 4 of the judgment shall be reversed in all.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal by the defense counsel is unreasonable in light of the following: (a) the first instance judgment that sentenced one year to imprisonment; (b) the second instance judgment that sentenced four months of imprisonment; (c) the third instance judgment that sentenced six months of imprisonment; and (d) each sentence of the fourth lower judgment that sentenced six months of imprisonment is too unreasonable in light of the following: (a) the Defendant confessions all the facts charged in the instant case and reflects his depth

2. We examine ex officio prior to the judgment on the above argument in the grounds of appeal, and examine ex officio prior to the judgment on the above ground of appeal, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced at the same time pursuant to Article 38 of the Criminal Act. In this regard, the part of the judgment of the court of first instance excluding the compensation order, and the second, third

3. According to the conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the part excluding the order for compensation among the judgment of the first instance, and the parts 2, 3, and 4 of the judgment of the lower court are all reversed, and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence are as shown 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. Article 347(1) of the Criminal Act, Article 74(1)2, Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene materials), Article 329 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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