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(영문) 서울중앙지방법원 2019.09.20 2019노788
사기등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seizure of articles 2, 3, and 9, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four years and six months, confiscation) and the second instance court’s imprisonment with prison labor for eight months is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and the judgment of the second court against the defendant was sentenced respectively, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the first and second judgment cannot be maintained.

3. According to the conclusion, the first and second judgment of the court below on the grounds of ex officio reversal as seen above, without examining the Defendant’s respective arguments on unfair sentencing, the judgment of the court below on the first and second judgment is reversed ex officio under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the first and second judgment, and therefore, they are quoted 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 crime, the choice of punishment, Articles 352 and 347(1) of the Criminal Act, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Uttering Counterfeited Public Document by Victims);

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include both confessions and reflects all of the crimes of this case, and there is no record of criminal punishment in Korea.

After the judgment of the court below is pronounced.

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