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(영문) 대전지방법원 2020.11.04 2020노1059

사기등

Text

The judgment of the court below of first instance, excluding the dismissal of compensation order, shall be reversed.

Reasons

Summary of Grounds for Appeal

The judgment of the court below (the first judgment of the court below: 5 years of imprisonment and 2 years of imprisonment): imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal for ex officio determination, the first and second judgments were rendered to the Defendant, and the Defendant filed an appeal against them, respectively, and this court decided to hold a joint hearing. The first and second judgments with respect to the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the second crimes of the first and second judgments of the lower court cannot be maintained.

In conclusion, the remaining parts of the judgment of the court of first instance excluding the rejection of compensation order, and the judgment of the court of second instance excluding the above decision of the court below excluding the rejection of compensation order , are reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the Defendant’

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the applicable criminal facts and Article 347(1) of the choice of punishment for each of the above victims [including each of the above victims with respect to the case of Qu, E, T, and J as to the case of fraud, 2019 order group 4289, together with respect to the case of the victim Qu, T, and J, 2019 order group 4345. Regarding the case of the victim AJ (Crime No. 5) for the case of the victim AJ (Crime No. 5), B, and 2020 order group 164, the case shall be covered by each of the above victims, including each of the above victims, with respect to the case of the case of the victim's order 2020 order group 4563] of the Criminal Act