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(영문) 서울중앙지방법원 2015.11.06 2015노3032
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of 500,000 won.

Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on Defendant 1 and 2 is too unreasonable.

B. The Prosecutor’s 2nd sentence is too uneasible and unreasonable.

2. Each judgment of the court below on the defendant's ex officio judgment was rendered, and the defendant and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of second instance, and this court tried the above appeal case jointly.

Since the crimes of each combined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence 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, so the judgment of the court below cannot be maintained as it is.

3. The lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds that the lower court’s judgment was reversed ex officio, and further decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the 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, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, Article 31 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act, Article 3(1) of the Punishment of Minor Offenses Act, Article 31 of the Criminal Act, Article 36 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act

1. Articles 40 and 50 (Mutual Crimes of Bodily Harmoning and Obstruction of Performance of Official Duties at the Time of Sales) of the Criminal Act;

1. Crimes of fraud, damage to property, obstruction of performance of official duties, obstruction of business, crime of violence, insult, etc.: Violation of the Punishment of Minor Offenses Act by which punishment is chosen: Selection of a fine:

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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