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(영문) 서울중앙지방법원 2014.11.13 2014노1566
사기등
Text

All judgment of the court below shall be reversed.

Each crime of the judgment of the first instance court and the attached list of crimes in the judgment of the second instance.

Reasons

Summary of Grounds for Appeal

The punishment of the judgment of the court below (the first judgment: imprisonment with prison labor for eight months and the second judgment: imprisonment for the crimes No. 10 listed in the annexed list of crimes: imprisonment with prison labor for three months, and imprisonment with prison labor for the crimes listed in the annexed list of crimes No. 1 through No. 9, 11 through 17) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold a joint hearing by combining the judgment of the court below. The crime of the court of first instance and the crime of the No. 10 listed in the annexed list of crimes listed in the judgment of the court of second instance in the judgment of the court of second instance is in the relation of concurrent crimes listed in the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. Therefore, in this regard, the part of the crime of the annexed list No. 10 listed in the judgment of the court of first instance and the judgment of the court of

However, notwithstanding the above reasons for ex officio destruction, the defendant's argument of unreasonable sentencing on the part of the crimes of Nos. 1 through 9, 11, and 17 listed in the annexed crime list in the judgment of the second instance among the judgment of the court of second instance is still subject to the judgment of the court of this court.

3. Of the judgment of the second instance court, the judgment on the assertion of unfair sentencing on the part of the crimes listed in the annexed Table 1 through 9, 11 through 17 in the judgment of the defendant's second instance is a relatively small amount of 7,350,000 won. On the other hand, when the sentence of imprisonment is finalized, the suspended execution of fraud for which the judgment became final and conclusive (ten months of imprisonment, two years of suspended execution) will be invalidated; the defendant's age, family relation, criminal relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc. are considered as a whole. As to the part of the crimes listed in the annexed Table 1 through 9, 11 through 17 in the judgment of the second instance.

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