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(영문) 서울중앙지방법원 2020.10.14 2019노2777
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

On each judgment of the court below, the prosecutor appealed that punishment is less severe, and the defendant was harsh.

In the first instance judgment, the defendant was sentenced to imprisonment with prison labor for a year and two months, and six months in the second instance judgment, and each appeal was lodged, and the appellate court tried by combining these appeals cases.

The judgment of the court below, in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act, has become unable to be maintained as it is because one sentence is imposed.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act because there are such reasons for ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 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;

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