(영문) 서울남부지방법원 2018.03.29 2017노2129

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(영문) 서울남부지방법원 2018.03.29 2017노2129

사기등

Text

The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

Defendant shall be punished by imprisonment for a year.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court, in light of the following: (a) the Defendant recognized all of the crimes; (b) the Defendant is against their depth; (c) the Defendant agreed with some victims; (d) the Defendant committed a crime by provoking to their living conditions; and (e) the Defendant did not have any criminal records exceeding the fine by 20 young people, the punishment sentenced by the court below (amended by 8 months) is too unreasonable.

B. Regarding the judgment of the second instance court (the prosecutor and the defendant's sentencing 1), although the prosecutor had already been punished by a fine more than five times for the same kind of crime, in light of the fact that the crime of this case was committed in the course of repeating the same kind of crime repeatedly and undergoing the investigation and trial, and that the crime of this case is not good and that it is not good, the punishment (two million won) imposed by the court below is too uneasible and unfair.

2) In light of the fact that the Defendant recognized the Defendant’s mistake and reflects his depth, recovered from all damages, and agreed with some victims, the Defendant committed a crime to raise living expenses, and the Defendant did not have any criminal record exceeding the fine by 20 young people, etc., the sentence (2 million won) imposed by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment

As to the judgment of the court of first instance, the prosecutor and the defendant filed each appeal against the judgment of the court of second instance, and this court decided to jointly examine the appeal cases.

However, since each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, one punishment should be sentenced.

Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.

3. Accordingly, the judgment of the court below should be reversed ex officio as seen earlier.

유사 판례

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