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(영문) 서울중앙지방법원 2020.11.20 2020노1411
사기
Text

The part of the second judgment excluding the compensation order and the first judgment shall be reversed, respectively.

Defendant shall be punished by imprisonment for a year.

Reasons

The prosecutor appealed that the sentence of the first instance judgment is light, and the defendant appealed that each judgment of the lower court is heavy.

In the first instance judgment, the defendant appealed for one year of imprisonment and one year of imprisonment in the second instance judgment, respectively, and the appellate court concurrently deliberated on the appeal case.

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 provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Since C/B, which is an application for compensation dismissal under Article 48(1)1 of the Criminal Code, has agreed with the defendant, the scope of compensation is unclear.

Criminal facts of the first and second original judgment of the court of sentencing are criminal facts committed by the defendant at the same time, and they are criminal facts committed simultaneously by the investigation agency.

In depth, the defendant was able to repent the defendant's wrong, has not been aged, and has agreed with the victim C, B, and N.

Punishment shall be determined in consideration of the circumstances leading to participation in the crime, and the punishment shall be determined in consideration of family relations, etc.

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