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(영문) 창원지방법원 2014.08.28 2014노1286
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The Dong Office of the District Prosecutors' Office that has been seized.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio determination, Article 1-B of the facts charged in the instant case was raised in the trial by the prosecutor.

In the first sentence of Paragraph 1, "Os. 2013" was changed to "Os. 28, 2013", and this Court changed to the subject of adjudication by permitting it, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence recognized by the court is set forth in Article 1-B of the original judgment.

Except for the change of "O. 2, 2013" in the first sentence to "O. 2, 2013" as "O. 28, 2013," the relevant column of the judgment of the court below is the same as that of each corresponding column of the court below. Thus, it shall be cited as it is in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 360(1) of the Criminal Act concerning the selection of punishment (the embezzlement of stolen articles), Article 329 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 230 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Articles 152 and 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 239 (1) of the Criminal Act, and Article 239 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act, with the exception of the punishment of imprisonment with prison labor and the exercise of selective signatures;

2. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and the last sentence shall be the largest among concurrent crimes.

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