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(영문) 서울동부지방법원 2013.06.13 2013노136

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (in case of the first instance court: 10 months of imprisonment; 2 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the first and second court sentenced the defendant to imprisonment for 10 months with prison labor for the former and two months for the latter, and the court below decided to jointly deliberate the above two appeals cases. Each of the offenses against the defendant against the first and second court decisions is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one punishment within the scope of aggravated punishment pursuant to Article 38 (1) of the Criminal Act. In this regard, the court below's judgment against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following judgment is rendered following the pleadings.

Criminal facts

The summary of the facts of the crime and the evidence presented by this court shall be "AB" in the summary of the evidence in the judgment of the court of first instance [2012 high-class group 2742] and "AB" in the "WT" in the "P, AD, AE, AF, AG, AH, AI, AJ, AJ, AK, AM, and AE in the "W" in the "W", "AE", "AI," and "AK" in the "AS" in the "WS" in the "W, AP, A Q, AG, AR, and AS," respectively, and the above "AE, K, and AI" shall be added to the "BT" and "AS" in the end of the 2012 high-class group 2742 / [201. 1. 36.