beta
(영문) 수원지방법원 2020.08.14 2020노426

사기등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The District Prosecutors' Office of Grade 2 that has been seized.

Reasons

1. Summary of grounds for appeal: Unfair sentencing; and

2. Before determining the Defendant’s respective arguments of unfair sentencing, this paper examines ex officio the Defendant’s respective arguments of unfair sentencing.

As to the judgment of the court of first and second instances which sentenced two years of imprisonment and two years of imprisonment for each of the defendants, the defendant appealed and joined all of the judgment of the court of appeal.

The judgment of the court below against the defendant shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, each judgment of the court below cannot be maintained as it is.

3. Each judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s respective arguments on unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that all facts constituting a crime and the summary of the evidence recognized by the court are identical to the facts stated in the corresponding column of each judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts, 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, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act

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. The contents and circumstances of each of the crimes of this case, the degree of harm and injury to our society, the background of the defendant's participation, as well as the role and degree of involvement in the defendant's share, and the total amount of victims.