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(영문) 서울중앙지방법원 2016.11.18 2016노2342
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the first judgment)’s punishment is heavier than that of the lower court.

B. Prosecutor (the second judgment of the court below)’s sentence is light.

2. This Court held ex officio and tried by combining the judgment of the court below, and since each crime of the judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced pursuant to Article 38(1) of the Criminal

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in its entirety and it is so decided as follows through pleading.

[Discied Judgment] The same shall apply to the relevant column of the judgment of the court below on criminal facts and summary of evidence.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the choice of imprisonment for each crime;

2. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders shall be determined by taking into account the circumstances revealed in the reasons for sentencing, the agreement with the victimO after appeal, and all other factors of sentencing as recorded in the record.

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