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(영문) 서울중앙지방법원 2019.09.19 2019노1172

사기등

Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by two years of imprisonment.

evidence of seizure.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (in the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a year and one year) is too unreasonable.

B. The first sentence of the lower court, which is too uneasible, is unfair.

2. The first and second original judgments against the defendant in an ex officio judgment are pronounced, and the prosecutor filed an appeal against each of the above original judgments, and this court decided to hold a joint hearing of each of the above appellate cases. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained any more.

3. The judgment of the court of first and second trials on the grounds of ex officio reversal as seen above is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as the corresponding part of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 319(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, the choice of imprisonment for the crime

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

1. Conditions favorable to the reasons for sentencing under Article 48(1) of the Criminal Act: The defendant is seriously opposed to his confession.

The defendant's profits are not significant.

There shall be no criminal records.

The crime of this case was committed against many unspecified persons on a planned and organized basis.