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(영문) 서울남부지방법원 2019.09.17 2018노2387
사기
Text

Of the judgment of the first instance, the part on Defendant B and the judgment of the second and third court shall be reversed.

Defendant

B 3 years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. Defendant B’s punishment (the first instance court: 2 years of imprisonment, confiscation, and second instance court: 2 years of imprisonment) is too unreasonable.

C. The punishment of Defendant M2 and 3 (the second instance court: imprisonment of 1 year and 2 months, the suspended sentence of 2 years, the community service work 200 hours, and the third instance court: imprisonment of 6 months) is too unreasonable.

The sentence of the court below 1, 2, and 3 of the prosecutor is too unhued and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal against Defendant B and M.

A. Prior to the judgment on the grounds for appeal for consolidation in the appellate court, the Defendants and the Prosecutor filed both appeals against the judgment of the court below, and this court decided to jointly examine the above appeal cases. Each of the offenses against the Defendants constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. As such, the part against Defendant B among the judgment of the court of first instance and the judgment of the court of second and third instances cannot be maintained any more.

B. The first instance judgment of the first instance court, which omitted applicable provisions of the Act on Confiscation, omitted from the application of the Act while forfeited No. 1 and 2 from Defendant B, thereby omitting the applicable provisions of the Act. In this respect, the part on Defendant B among the first instance judgment was no longer maintained.

3. The judgment of unfair sentencing on Defendant A refers to cases where the sentence of the court below is too heavy or too minor in light of the specific contents of the case.

Based on the statutory penalty, the sentencing is based on the principle of trial-oriented and directness as a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

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