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(영문) 서울남부지방법원 2015.07.24 2015노381
사기등
Text

All of the judgment of the court of first instance on the defendant and the second judgment on the defendant shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. Each penalty sentenced by the judgment of the court below on the gist of the grounds of appeal (the first instance judgment: imprisonment with prison labor for one year and eight months, and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.

2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to hold concurrent hearings of the above appeal cases. As long as the facts charged by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be sentenced. Thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows through the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) the "J" in paragraph (1) of the first instance judgment among the facts constituting the crime of 2014 high-ranking 4799 of the first instance judgment shall be as "J"

In addition to the dismissal of S’s “S’s father” as “S’s mother J”, each corresponding column is the same, and therefore, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 231, 30, 234, 231 and 30 of the Criminal Act, Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for the crime;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the confession of the defendant and the victim D has divided his mistake, the revocation of the complaint by the victim D, and the victimJ paid D KRW 14 million to the lessor in the civil suit filed against the lessor D, and S withdraws the civil suit by paying D KRW 14 million to the lessor, and SJ agreed not to file a lawsuit in relation to the instant case.

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