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(영문) 서울남부지방법원 2018.08.23 2018노533
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the first instance judgment (the Prosecutor and the Defendant’s Sentencing) sentenced to the first instance judgment (one year and six months of imprisonment) is too weak or unreasonable.

B. The sentence of the second instance judgment (in the case of Defendant only 2’s sentencing), which sentenced to the second instance judgment (in the case of imprisonment with labor for three months), is too unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the prosecutor and the defendant, this Court tried to concurrently examine the appeal case of KRW 2 in the case of appeal of KRW 1 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 37 in the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1)

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the above ex officio reversal grounds, and the judgment below is reversed in accordance with the above Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Judgment used again] The summary of facts of crime and evidence recognized by this court is identical to each corresponding column of the judgment below, except for the alteration of all parts of the records of crime in the first instance judgment and the summary of evidence [the previous records] among the facts of crime in the first instance judgment and the summary of evidence [the previous records]. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are all recognized. The substantial profits acquired by the Defendant through the instant crime appears to be much less than the amount of fraud, and the police officer on June 2017.

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