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(영문) 춘천지방법원 2018.04.20 2017노1183
사기
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for not more than 11 months.

Reasons

1. The sentence imposed by the lower court Nos. 1 and 2 on the gist of the grounds of appeal is too unreasonable.

2. The Court rendered ex officio decisions by combining each appeal case against each of the judgment below. Each of the offenses against the judgment below is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

This Court has to reverse all the judgment of the court below.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to the sum of the facts charged and the summary of the evidence of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Criminal Order

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

1. Where a person commits a crime against an unspecified or a large number of unspecified victims or repeatedly commits a crime for a considerable period of time, falling under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act [the scope of recommending punishment] under the basic area (six months to one year and six months), (a person with a special mitigation) [a person with a special mitigation] penal exemption, or damage equivalent thereto (a person with a special aggravation] under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act;

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