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(영문) 수원지방법원 2019.03.29 2018노6907

사기

Text

All judgment of the court below shall be reversed.

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

An application for compensation order by an applicant for compensation.

Reasons

1. The punishment sentenced by the court below (No. 1: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the court decided to hold a concurrent examination of each appeal case against each of the defendant's appeals.

However, each of the first and second judgments of the court below should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, each of the judgments of the court below against the defendant can no longer be maintained.

3. If so, 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 through the pleading.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The applicant for compensation under Article 32(1)1, (2), and (4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order, had filed an application for compensation seeking the payment by deceit after the closing of argument at the court of first instance, but received a decision of the court of first instance to dismiss the above application for compensation on the ground that it is unlawful. The above application for compensation was filed by the court of first instance after the closing of argument. The above application for compensation