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(영문) 대구지방법원 2019.08.30 2019노1379

사기등

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All judgment of the court below shall be reversed.

Defendant 1 and the attached Forms 1 and 2 of the judgment of the first instance court and the second instance.

Reasons

1. The summary of the grounds for appeal (the first instance judgment; the second instance judgment: Imprisonment with prison labor for one year; the imprisonment for ten months (the crime No. 1 and the attached Table No. 3 and No. 4 of the crime No. 2 at the time of sale); and two months (the attached Table No. 1 and No. 2 at the time of sale) for imprisonment for two months (the attached Table No. 2 at the time of sale) are too unreasonable.

2. Determination

A. We examine the judgment of the court of first instance and the judgment of the court of second instance as to the ground for appeal ex officio as to the first and second crimes Nos. 1, 2, 3, and 4 of the annexed crime list.

The judgment of the court below was rendered against the defendant, and the defendant filed each appeal against the whole of the judgment below, and this court decided to jointly examine the above appeal cases.

However, since the first instance judgment against the Defendant and the second instance judgment, each of the crimes No. 1, No. 2, No. 3, and No. 4 in the annexed list No. 37 of the Criminal Act is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first instance judgment and the second instance judgment, No. 1, No. 2, No. 3, and No. 4 of the annexed list

B. On January 19, 2018, each of the crimes in this part is a concurrent crime under the latter part of Article 37 of the Criminal Act with respect to the crime committed by the defendant, which is disadvantageous to the defendant, even though there was a criminal record which has been punished several times in the form of fraud, the defendant committed a same crime. On January 19, 2018, each of the crimes in this part is a concurrent crime under the latter part of Article 37 of the Criminal Act with respect to the defendant's imprisonment with labor for one year and two years, and there is a need to consider equality in the case where the decision is made simultaneously. Damage recovery and agreement with the victim's M was made in the first instance, and the victim's M does not want punishment against the defendant, and other favorable circumstances, such as the defendant's age, environment, family relationship, motive for the crime, and other motive