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(영문) 서울중앙지방법원 2015.11.06 2015노2577
사기
Text

1. All the original decisions shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to judgment.

This Court tried to consolidate each appeal case against the original judgment.

Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.

Therefore, the three decisions of the court below that sentenced the defendant to the three punishment could no longer be maintained.

3. If so, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment, respectively;

2. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The conditions favorable to the defendant shall be as follows:

- Efforts have been made to recover damage from the original trial to the trial.

- In the first instance, some victims received a letter of suspicion.

2. The circumstances disadvantageous to the defendant shall be as follows:

· is planned crimes.

· Not only has been punished for the same kind of crime, but also has been committed again even during the suspension period.

3. The motive, means, and result of the instant crime against the above Defendant, the Defendant’s age, character and conduct, environment, health status, and criminal records.

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