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(영문) 대구지방법원 2016.03.24 2015노4097
사기등
Text

Of the judgment of the court below of the first instance, the part concerning the re-crime (1) of the attached list of crimes in paragraph (1) of the judgment of the court below shall be sentenced to imprisonment with prison labor for six months.

Reasons

1. The summary of the grounds for appeal is that each punishment of the court below (No. 1: imprisonment with prison labor for 6 months for the crimes listed in the attached list of crimes listed in paragraph (1) in the judgment of the court below; the crime listed in the attached list of crimes listed in paragraph (2) of the attached Table 1 in the judgment of the court below; the crime listed in paragraph (1) of the attached Table 1 in the attached Table 1 in the judgment of the court below; 10 months for imprisonment with prison labor for the crimes listed in paragraph (2) of the attached Table 1; 2 months for the crime listed in

2. Determination:

A. In the judgment of the court of first instance, the judgment was rendered ex officio prior to the judgment of the court of first instance as to the part of the crime committed in the list of annexed crimes (1) and the reason for ex officio appeal as to the judgment of the court of second instance as to the part of the judgment of the court of second instance. The defendant filed an appeal against each of the above judgments, and the court of first instance decided to jointly examine the above two appeals cases.

Of the judgment of the court of first instance against the defendant, the crime committed in the table (1) of the annexed crime No. 1 in the judgment of the court below and the crime of the resolution of the second judgment of the court of second instance in the annexed crime No. 37 in the annexed crime No. 1 in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, in this respect, the part of the crime committed in the annexed crime No. 1 in the judgment of the court of first instance in the judgment against the defendant

B. Of the judgment of the court below of first instance, the defendant's judgment as to the wrongful argument of sentencing as to the part of the crime committed in the attached Table 1 (2), 1-B, 2, and 3 among the crimes listed in the attached Table 1 (A) of the judgment of the court below is against the depth by recognizing the error of the crime, and the present health status is not good, and the victim does not want the punishment of the defendant by agreement with the victim C.

However, the defendant committed a part of the crime during the period of repeated crime and the responsibility for such crime is heavy, and the punishment for fraud has been imposed 15 times (4 times) and there are new data that can be considered in sentencing after the judgment of the court of first instance.

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