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(영문) 대구지방법원 2020.11.27 2020노1254

사기등

Text

The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Each punishment (one year and eight months of imprisonment, and ten months of imprisonment) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.

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 Thus, the judgment of the court below is no longer maintained

3. The judgment of the court below on the above grounds of ex officio reversal, and without examining the defendant's assertion of unfair sentencing, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and the

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, and Article 360(1) of the Criminal Act concerning the option of possession;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution, which are organized and planned against many and unspecified persons.