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(영문) 수원지방법원 2020.11.09 2020노3062

사기등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

A. As to the judgment of the court of first instance (half years of imprisonment, six months of imprisonment), the defendant asserts that the prosecutor is too unfasible and unfair.

B. The judgment of the court below of the second instance (defendants) is too unreasonable as the punishment (two months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining the judgment below ex officio before the judgment on the grounds for appeal for ex officio determination. Each of the crimes in the judgment below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus a sentence should be imposed on the basis of Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 347(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3(1)1 of the Act on Regulation of Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act, Article 30 of the Criminal Act

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act appears to be against the defendant's mistake, and the defendant is the first offender who has no record of punishment prior to the instant case.