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(영문) 대전지방법원 2016.06.16 2016노425
사기
Text

The part of the judgment of the court of first instance excluding the compensation order, the second part of the judgment of the court of second instance and the third part of the judgment of the court of third.

Reasons

1. The decision of the court below against the defendant (the decision of the court below No. 1: imprisonment with prison labor for a year and June, No. 2: a fine of 1.5 million won, a fine of 3 million won, a fine of 1.5 years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the court of the first instance decided to hold the defendant together with each appeal case by the court below against the defendant. Each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed on the ground that there is a ground for reversal of the above authority as above, and pursuant to Article 364(2) of the Criminal Procedure Act, the part of the judgment of the court of first instance excluding compensation order, and the part of the judgment of the court below excluding the part of the judgment of the court of first instance and the dismissal of the application for compensation order and the part of the judgment of the court of second and third orders

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as follows, except for the deletion of the list of offenses in the attached Form 8 of the decision of the court below in the 3rd trial decision, since all of the judgment below are the same as the corresponding columns of the court below. Thus, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting a crime (the choice of each fine for each crime in the judgment of the second instance, and the choice of each imprisonment with prison labor for the remainder of each crime);

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each other, except for each fraud as indicated in judgment No. 2)

1. The former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act (Article 38(1)2 and 3, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1)2 and 3, and Article 50 of the same Act (Article 50 of the same Act with respect to each other except each other in the judgment of the second instance), with respect to the aggravated punishment of concurrent crimes against C

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