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(영문) 서울서부지방법원 2021.01.14 2020노537

사기등

Text

The part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant's case shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (Defendant A: Imprisonment with prison labor for 1 year and 6 months, and Defendant B: imprisonment with prison labor for 1 year and 1 year and 8 months) and the imprisonment with prison labor for 2 won adjudication (6 months) are too unreasonable.

(b)the form of the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal, the judgment of the court of first instance and the judgment of the court of second instance against the Defendants were sentenced to each of the judgment below, and the Defendants filed each appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the above judgment of the court below against the Defendants should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot 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 defendants and the prosecutor's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are 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. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 347(1) of the Criminal Act (a) (in the case of fraud and joint crimes, Article 30 of the Criminal Act is added), Articles 347-2 and 30 of the Criminal Act (in the case of joint crimes), and choice of imprisonment, respectively.

B. Defendant B: Article 347(1) of each Criminal Code (a) (in the case of fraud, and joint crimes, Article 30 of the Criminal Code is added); Article 347-2 of each Criminal Code (in the case of joint crimes, fraud by using computers, etc., and addition of Article 30 of the Criminal Code in the case of joint crimes), and selection of each imprisonment sentence

1. Aggravationd Defendants: Article 35 of the Criminal Act

1. The Defendants are subject to aggravated concurrent crimes: each criminal law.