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(영문) 의정부지방법원 2018.11.13 2018노2060
사기등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

Seized evidence 1, 1.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for a maximum of four years, two years and six months, and the second instance judgment: imprisonment with prison labor for a maximum of six months and the short of four months) is too unreasonable.

B. Inspection (as to the judgment of the court below No. 2), the sentence of the court below is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal, two appeals cases were joined in the first and second trials by ex officio prior to the judgment on the grounds for appeal, and each of the offenses in the first and second trials against the Defendant are concurrent offenses 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. As such, the judgment of the court below was unable to be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the two parties' unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 30 (Crime of Fraud), 352, 347(1), and 30 (Crime of Attempted Fraud) of the Criminal Act, and each choice of imprisonment with prison labor, respectively;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

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

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The so-called “scaming” fraud, such as the crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, consists of organized, planned, and intelligent offenses, and social harm is very high, and even if he/she participates only in part of the crime because it is difficult to arrest the entire organization, a strict punishment is required.

(e).

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