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(영문) 의정부지방법원 2019.10.24 2019노1069
사기등
Text

The judgment of the court of first instance, except for a compensation order, shall be reversed in entirety and the judgment of the court of first instance.

The defendant shall be held.

Reasons

1. The part of the order for compensation for BW, an applicant for compensation, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, by filing an appeal against the judgment of the court of first instance. However, although the part of the order for compensation among the judgment below is not indicated in the petition of appeal and the statement of grounds of appeal, and even if ex officio examination is conducted, the part of the judgment of the court of first instance concerning the order for compensation for B cannot be found or amended

2. Summary of grounds for appeal (e.g., punishment and unfair);

A. The first instance court’s sentence (the imprisonment for nine months, the fine for three hundred thousand won, and the exemption of the sentence) is too uneased and unreasonable.

B. Defendant 2’s imprisonment (six months of imprisonment) is too unreasonable.

(c) The punishment of the court below (one month and four months of imprisonment) is too heavy or unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant was committed on October 27, 2018 when the judgment on other fraud became final and conclusive. Since the crimes committed thereafter are concurrent crimes under the former part of Article 37 of the Criminal Act among them, they shall be sentenced to a single sentence within the scope of the term of punishment aggravated by concurrent crimes under Article 38(1) of the Criminal Act, and the part of the judgment of the court of first instance excluding compensation order, and the judgment of the court below excluding compensation order, and 2, 3 shall be reversed.

4. The judgment of the court below is reversed the part of the judgment of the court below excluding compensation order among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act, and the judgment of the court below excluding the compensation order, and the judgment of the court below excluding the above judgment of the court below excluding the above order of compensation

【Discretionary Judgment】 Criminal facts.

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