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(영문) 제주지방법원 2020.12.24 2020노489
사기등
Text

The part of the first judgment excluding the compensation order and the second judgment shall be reversed respectively.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The judgment of the court below against the defendant of the summary of the grounds for appeal (the first judgment of the court below: imprisonment of two years, confiscation and the second judgment of the court below: imprisonment of one year) is too unreasonable.

2. Each judgment of the first and second original courts rendered a judgment on the defendant's ex officio judgment, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold a joint trial. Each of the offenses against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38 (1) of the Criminal Act. Thus, the part of the first and second original judgment except the compensation order and the second original judgment cannot be maintained as they are.

3. As such, the part of the first judgment excluding the order for compensation and the second judgment excluding the order for compensation among the original judgment excluding the order for compensation and the second judgment excluding the order for compensation under Article 364(2) and (6) of the Criminal Procedure Act excluding the order for compensation among the first judgment and the second judgment excluding the order for compensation under Article 364(2) and (6) excluding the order

【The Reasons for the Judgment (excluding a compensation order) 【The Facts of the crime and the summary of the evidence admitted by the court 】 The summary of the facts of the crime and the evidence are added to “AC” following the 5th sentence “B” in the first instance judgment, and the 2th sentence “victim” column 2 in the annexed table of the first and second original judgment excluding that “(48 years old)” as “(48 years old)” is the same as the corresponding column of each corresponding column of the first and second original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347 and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 347 (1), and 30 of the Criminal Act, the choice of imprisonment for a crime

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month from February to February 15.

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