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(영문) 서울중앙지방법원 2021.02.17 2020노1211
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.

The defendant shall pay compensation to the applicant.

Reasons

The Defendant was on the first and second judgment that punishment is heavier than that of the lower court.

An appeal was filed by the prosecutor, and the prosecutor appealed against the judgment of the third court that the punishment is less severe.

The Defendant was sentenced to imprisonment with prison labor for one year, for eight months, and for three million won in the judgment of the court of first instance in the judgment of the court of first instance.

As to the judgment of the court below 1 and 2, the defendant appealed from the judgment of the court below 3, and the prosecutor appealed from the judgment of the court of appeal, and the court of appeal concurrently reviewed the appeal case.

The judgment of the court below has become unable to maintain as it is because each crime is in the concurrent relationship under the former part of Article 37 of the Criminal Code.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of such ex officio reversal.

Criminal facts

Since the summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

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