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(영문) 부산지방법원 2018.01.26 2017노3460

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (the first instance judgment, the first instance judgment, and the second instance judgment: the imprisonment of one year, and the second instance: the imprisonment of four months) is too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. The Defendant, ex officio, appealed against the judgment of the court below Nos. 1 and 2, and the prosecutor appealed against the judgment of the court of first instance, and this court decided to review each appeal case together.

Since each crime of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot avoid all the reversals.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining each of the above ex officio grounds for reversal of sentencing by the Defendant and the Prosecutor, and further decided following the pleadings.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, they are cited by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, each of the choice of punishment for the crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include three times of imprisonment with prison labor due to the fraud in the sale of Internet goods, and even if the Defendant was punished on several occasions, the Defendant committed the same multiple offenses during the same repeated crime period, and committed the crimes committed by using another person’s mobile phone that he/she acquired, and thus, committed the crimes of public conflict is not good.

On the other hand, the defendant prepares living expenses.