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(영문) 대전지방법원 2015.06.17 2015노452
사기등
Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 6 months) that the court below sentenced against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment was rendered ex officio prior to the judgment on the grounds for appeal of ex officio; the defendant was rendered at the Daejeon District Court 2014Kadan994, 2014 Godan2981, Daejeon District Court 2015 Godan135, 2015 Godan137, 2015 Godan137, 2015 Godan466 (Joint), 2015 Godan466 (Joint), 2015 Godan5Ma5322 (Joint), 2015 Godan764 (Joint), and the defendant was sentenced to each of the above judgment below for six months; and the trial was also determined to jointly deliberate on the appeal case of the above judgment.

The crime of each judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a severe punishment pursuant to Article 38(1) of the Criminal Act, and therefore, the part of the judgment of the court of first instance excluding compensation order and the second judgment cannot be maintained.

3. As such, the part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance excluding the compensation order excluding the above order , on the grounds of ex officio reversal, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the Defendant’

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated 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 (Fraud point, choice of imprisonment with prison labor) and Article 329 of the Criminal Act concerning the facts constituting an offense;

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

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