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(영문) 서울고등법원 (춘천) 2018.06.20 2017노118
사기등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The decision of the court below against the defendant (the decision of the court of first instance shall be sentenced to imprisonment with prison labor for 4 years, and the decision of the court of second instance shall be sentenced to imprisonment with prison labor for 1 year) is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal to amend the bill of indictment, the prosecutor examined the case ex officio, and the prosecutor applied for the amendment of the bill of indictment to the effect that the part of the above facts charged and the remaining facts charged in the judgment of the first instance court against the defendant among the facts charged in the judgment of the court of first instance (1), 2-Ma, and (f) as stated in the following facts:

B. The judgment of the court below of first instance and the judgment of the court of second instance against the defendant in consolidated trial filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second appeals cannot be maintained as they are.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion, and it is again decided as follows.

Punishment of the crime

The criminal facts recognized by this Court are as shown in the corresponding column of the first and second adjudication resolution, except for the accusation as follows. Thus, Article 369 of the Criminal Procedure Act applies.

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