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(영문) 수원지방법원 2020.01.17 2019노3848
사기미수등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the judgment of the court of first instance is deemed to be unfair, the Defendant asserts that each of the punishments (e.g., imprisonment with prison labor for six months, and imprisonment with prison labor for ten months) that the judgment of the court of second instance rendered by the court of second instance is too unreasonable.

2. The appeal case against the judgment of the court of first instance and the judgment of the court of second instance following the consolidation was combined. Each of the above judgments constitutes concurrent crimes provided for in the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s assertion of unfair sentencing, and the following judgment is rendered through pleadings.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are the same as stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of imprisonment with prison labor for each of the remaining crimes except for the theft of repeated crimes under Article 329 (Larceny), Articles 352 and 347 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 (1) and Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 231 of the Criminal Act, Articles 234, 231, 231, and 230 of the Criminal Act, Article 230 (Unlawful Use of Private Document), the theft of repeated crimes

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the Defendant had had a record of being punished several times due to the same kind of crime, the Defendant committed each of the instant crimes.

(b).

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