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(영문) 광주지방법원 2014.02.12 2013노1668
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defense counsel (unfair form of punishment) is unreasonable in light of the following: (a) the Defendant confessions all the facts charged in the instant case and reflects in depth his mistake; (b) the damage to each of the instant fraud was recovered considerably; and (c) there were children to support the Defendant; and (b) the first and sixth months of imprisonment with prison labor; and (c) each of the second and second instances of the second instances of sentencing

2. We examine ex officio prior to the judgment on the grounds of appeal on the grounds of appeal on the panel, and as each of the cases of the judgment below appealed by the defendant, each of the crimes of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after the pleading.

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. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime (the fraud by single crime, comprehensive commission of each victim), Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and Article 19(2)1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of arranging sexual traffic, comprehensive commission of imprisonment), and the punishment of acts of arranging sexual traffic (the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

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