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(영문) 대전지방법원 2015.03.18 2014노2693
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant is equivalent to the money obtained through deception.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for three years and imprisonment with prison labor for eight months) against the Defendant is too unreasonable.

B. The first instance court’s imprisonment (three years of imprisonment) imposed on the Defendant is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the first instance court rendered a separate review as follows: (a) the Defendant was sentenced to imprisonment with prison labor for the former three years; and (b) the latter was sentenced to imprisonment with prison labor for the latter eight months; (c) the Defendant filed an appeal with the first instance court; and (d) the first instance court decided to jointly examine the appeal cases by the said lower court.

The crime of each decision of the court below against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a prison term imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant shall not be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, without examining each of the above grounds for reversal on the grounds of ex officio decision, without examining the grounds for reversal on unfair sentencing by the defendant and the prosecutor. The judgment below is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 30 of the Criminal Act (the fraud as stated in the judgment of the court below, the choice of imprisonment, and the choice of imprisonment) of the pertinent criminal law concerning criminal facts, and Article 347(1)2 of the Criminal Act.

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