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(영문) 서울고등법원 2018.04.05 2017노2823
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Each judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the first original adjudication decision (two years of imprisonment) on the defendant's argument that the sentencing of the defendant is unfair is too unreasonable, because the sentencing of the defendant is too unreasonable.

B. The Prosecutor’s decision to decide on the second original judgment (two years of imprisonment) regarding the sentencing of the Prosecutor’s improper assertion is unreasonable, because the amount of the punishment is too uneasible.

2. Before determining the grounds for ex officio appeal, this paper examined ex officio.

Upon the pronouncement of the first and second judgments, the Defendant appealed against the first instance judgment, and the Prosecutor appealed against the second instance judgment, and this Court decided that the two appeals were consolidated.

Each crime of the first and second judgment is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed on the defendant pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's unfair arguments about sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts and the summary of evidence recognized by the court are the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act and Article 347(1) [excluding frauds (excluding frauds against victimO) and each victim] of the Criminal Act, Article 314(1) of the Criminal Act, Article 313 of the Criminal Act (a) of the Criminal Act, Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, Article 287(1) of the Criminal Act, Article 347 of the choice of punishment for the crime

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., the crime of forging a public document) is a crime of fraud against the victim AY in the judgment.

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