(영문) 서울중앙지방법원 2014.08.14 2014노1589

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.08.14 2014노1589

사기등

Text

All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for two years.

Reasons

1. The gist of the grounds of appeal is that the punishment of the court below (two years and two months in both the defendants) is too unreasonable in light of the following: the crime of this case is a livelihood offender; the defendants must support the father of the third level mental retardation, and the defendants reflect their depth.

2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, each appeal case against the Defendants was consolidated in the first instance trial, and each of the offenses against the Defendants is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below may no longer be maintained.

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' grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as that of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A: Articles 347(1), 30 [Attachment 347(1), 30 [Attachment 347(2) and (2)] of the Criminal Act; each fraud committed against Victim Qu, AI, and BO] Article 347(1) of the Criminal Act (the fraud committed against Victim K, N, AE, X, Z, and AC) of the Criminal Act; Articles 231, 30 (the fraud committed against private documents), 234, 231, 30 (the use of private documents), 234, 231, 30 (the use of private documents) of the Criminal Act; Articles 347(1) and 30 (Attachment 347(1) of the Criminal Act; (2) of the Criminal Act; (347(1) (the fraud committed against Victim Q, AI, and BO); and (31) of the Criminal Act

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