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(영문) 서울남부지방법원 2013.11.21 2013노308

사기

Text

All parts of the first, second, fourth and third original judgments shall be reversed.

The defendant shall be punished by imprisonment for three years.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that each punishment (the first judgment: imprisonment of 1 year and 6 months: imprisonment of 1 year and 2 years: imprisonment of 3 years: imprisonment of 3 years: imprisonment of 2 years and 4 months: imprisonment of 6 months) of 3 years is too unreasonable.

Prior to the judgment on the grounds for appeal by the defendant, the appeal case against the judgment of the court below was consolidated. Each of the offenses in the judgment of the court below against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the part against the defendant in the judgment of the court of first, second, fourth and third under Article 364(2) of the Criminal Procedure Act is all reversed, and it is again decided as follows through pleading

[Dao-written judgment] The summary of facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as follows: (a) except that the defendant added the defendant's oral statement "1. The defendant's oral statement" to the summary of the evidence of each original judgment, it is identical to the corresponding column of each original judgment; and (b) thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Article 347(1) of the Criminal Act (including Article 30 of the Criminal Act with respect to the fraud of each fraud, each choice of imprisonment with labor, and fraud of each judgment with respect to victim H) and Article 257(1) of the same Act with respect to criminal facts (the points of injury in the market and the choice of imprisonment with labor);

1. The defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are to recruit cell phone subscribers from victims and then enter normally.