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(영문) 의정부지방법원 2020.02.07 2019노2576

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

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

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment) by the lower court is too unreasonable.

2. Before rendering a judgment on the grounds for appeal by the Defendant’s ex officio, the record of this case reveals that the Defendant was sentenced to imprisonment with prison labor for a crime of fraud on March 8, 2019 at the Jung-gu District Court Goyang Branch on the records of this case, and the above judgment became final and conclusive on September 17, 2019 (Seoul District Court 2018 Goyang Branch 2018 Goyang Branch 1551, Jung-gu District Court 2019No812, 2019Do1130).

Therefore, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained any more in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Along with the reasoning of the judgment below, the summary of the facts constituting a crime and evidence recognized by this court is added to the first head of the crime of the judgment below, "the defendant was sentenced to one year of imprisonment for a crime of fraud in order to assist the District Court Goyang Branch on March 8, 2019, and the above judgment became final and conclusive on September 17, 2019." The summary of the evidence added "1. A previous conviction in the judgment: the judgment in the judgment in the summary of the evidence" as evidence for a criminal record in the judgment in the column of the evidence, since all of the judgment below are the same as the corresponding columns of the judgment in the judgment below, it is acceptable in accordance

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the choice of punishment for the crime, Articles 347(1) and 347(1) of each Criminal Act (the point of fraud against the victim S and AB), and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.