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(영문) 서울서부지방법원 2020.05.11 2019노339
사기등
Text

All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment of 1 year and 3 months, and 2 months: imprisonment of 1 year and 1 year and 6 months, and 3 months: imprisonment of 8 months) that each of the lower courts rendered is unreasonable.

2. This Court decided to hold ex officio judgments as a joint hearing of each appeal case of the judgment below.

Each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act.

All judgment of the court below shall no longer be maintained.

3. The judgment of the court below, on the ground of the above reasons for ex officio reversal, did not decide on the defendant's assertion of unfair sentencing, and when an appeal against the judgment of conviction on the part other than the compensation order among the judgment of the court below is filed pursuant to Article 464 (2) of the Criminal Procedure Act, the confirmation of the compensation order is prevented, and the compensation order is transferred to the appellate court along with the accused case.

However, the Defendant did not assert the grounds for appeal regarding the cited part of the compensation order by the lower court, and there is no reason to revoke or revise ex officio the cited part of the compensation order by the lower court. Therefore, the cited part of the compensation order by the lower court should be maintained as it is.

All B are reversed, and the following judgment is rendered after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts of the crime and summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the commission of fraud), Articles 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Articles 234 and 23

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

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