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(영문) 서울중앙지방법원 2015.12.16 2015노3314

사기

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is too unreasonable.

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

The court held that each appeal against the defendant was jointly reviewed.

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

Therefore, the three decisions of the court below that sentenced the defendant to the three punishment could no longer be maintained.

3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes;

1. The conditions favorable to the defendant shall be as follows:

- The defendant's confession reflects his or her mistake in depth.

- Among the victims of the judgment of the court of first instance, the amount of damage was returned to the victim DC, and the victim BD received the amount of damage from the defendant bank account through seizure and collection order against the defendant bank account, and the above victims did not want to be punished against the defendant.

2. The circumstances disadvantageous to the defendant shall be as follows:

- The record of punishment for the same kind of crime, including the record of the first head at the time of the original adjudication, is several times.