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(영문) 서울중앙지방법원 2018.09.20 2018노1157
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence sentenced by the first instance court (two years of imprisonment) and the sentence sentenced by the second instance (one year and six months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) are too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered, and the defendant filed an appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.

Since each of the judgment below's offenses 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, the judgment below cannot be maintained in its entirety.

3. As above, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing against the judgment below, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are recognized as all the facts of crimes, and there is no record of punishment for the same kind of crime, the victim C and D of the 2018 No. 1157 were paid KRW 150 million in the course of investigation, the victim C and D of the 2018 No. 1157 were paid an additional amount of KRW 100 million in the trial, the victims of the 2018 No. 1891 agreed to pay KRW 100,000 to T among the victims of the 2018 No. 1891, and deposited KRW 27 million equivalent to the whole amount of damage for R, which are favorable to the defendant.

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