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(영문) 서울중앙지방법원 2016.01.20 2015노2296

사기등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court below 2 of misunderstanding of facts, the defendant did not assault the victim C, or received alcohol and alcohol from the main points operated by the victim G, and did not pay the price.

B. As to the judgment of the court of first instance that is unfair in sentencing, the sentence of the court below is too unreasonable.

2. Determination

A. We examine ex officio the defendant's grounds for appeal prior to the judgment.

The court held that each appeal against the defendant was consolidated and tried by the court below.

Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment for aggravated concurrent crimes according to the examples under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below that sentenced two punishments against the defendant was no longer maintained.

However, even if there are such reasons for ex officio reversal, the argument of misunderstanding the facts about the judgment of the second instance is still subject to the judgment of the court, and this is examined.

B. According to the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, and the statements at the investigation agency of C, F, G, and the lower court, which can recognize credibility, the fact that the Defendant assaulted the victim C as stated in the judgment of the second instance court, and by deceiving the capital of the main employee F, and by deceiving the victim G, the main manager of the main store, and by deceiving the victim G, the market price of which is 1.450,000 won, can be sufficiently recognized.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.

The facts of crimes and the summary of evidence recognized by the court, and the summary of the evidence, are stated in the original judgment.