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(영문) 대구지방법원 2021.01.08 2020노3108
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (one year of imprisonment with prison labor for the first instance court and two months of imprisonment for the second instance court) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below against the defendant was rendered separately, and each appeal was filed, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, and therefore, the judgment of the court below against the defendant cannot be maintained as it is.

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

【Re-written judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act (the point of the foregoing Article of private document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), Article 230 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of uttering of official document), Article 329 of the Criminal Act (the point of fraud), Article 232-2 of the Criminal Act, Article 234 and Article 232-2 of the Criminal Act (the point of uttering of private document) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other records and changes of the records of this case, such as the defendant's age, sex, environment, motive, means, consequence, and circumstances after the crime.

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