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(영문) 서울남부지방법원 2020.03.13 2019노2739

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year, a short of six months, and a second instance court: imprisonment with prison labor for a maximum of three months, and a short of two months) of each lower court is deemed unreasonable.

2. Each court of original judgment ex officio rendered a judgment of imprisonment with prison labor as above after completing a separate hearing against the defendant.

The Defendant appealed against each judgment of the lower court, and this Court decided to hold a joint hearing of the appealed cases.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

In addition, as the defendant was AC and was a juvenile under Article 2 of the Juvenile Act at the time of each judgment of the court below, but it is apparent from the fact that he was the adult during the trial, each judgment of the court below that sentenced the defendant to the above illegal sentence became unable to be maintained in this regard.

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 it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of each judgment of the court below. Thus, it is

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of stolen credit card), Article 360 (1) of the Criminal Act, Article 230 of the Criminal Act, and Article 230 of the Criminal Act, each of the following imprisonment with labor: