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(영문) 부산지방법원 2016.09.29 2016노1635
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The defendant does not pay the above fine.

Reasons

1. The sentence of a fine of one million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, each of the crimes of this case was committed by the Defendant on November 11, 2015 by imprisonment of two years with prison labor in the Busan District Court’s Dong Branch Branch, and on April 2, 2016, with the judgment finalized on April 2, 2016, and the latter part of Article 37 of the Criminal Act. Therefore, the equity between the crimes of this case, when determining punishment for each of the crimes of this case, should be taken into consideration

Therefore, the judgment of the court below which determined the punishment against the defendant cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following decision is delivered through pleadings.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court was determined on April 2, 2016 by having been sentenced to two years to imprisonment with prison labor for fraud, etc. in the Busan District Court’s Dong Branch Branch on November 11, 2015.

“1. A previous conviction in the judgment of the court below” is the same as the entry of the corresponding part of the judgment of the court below, except for an inquiry of summary information of the case and an addition of “each judgment” in the main part of the evidence, and thus, they are cited as it is by Article 3

Application of Statutes

1. Articles 231, 30 (the fact of the foregoing Article of private document), 234, 231, and 30 (the fact of exercising the above investigation document) of the Criminal Act as to the facts of the crime, and Articles 347 (1) and 30 of the Criminal Act as to the facts of the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The Criminal Act to attract a workhouse;

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