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(영문) 서울북부지방법원 2018.01.11 2017노1582
사기
Text

All judgment of the court below shall be reversed.

No. 1 of the judgment of the first instance court and No. 1 and No. 2 of the judgment of the second instance of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing of the Prosecutor No. 1 (10 months of imprisonment, 5 months of imprisonment) is too unhutiled and unfair.

B. The lower court’s sentencing (6 months of imprisonment, 8 months of imprisonment) by Defendant 2 is too unreasonable.

2. As the judgment of the court of first instance rendered on the defendant's discretionary judgment, the prosecutor appealed against the judgment of the court of second instance, and the court of second instance rendered a decision to concurrently examine the above two appeals cases. The crimes under paragraphs (1) and (2) of the judgment of the court of first instance, each of the crimes under paragraphs (2) and (3) through (6) of the judgment of the court of second instance in the judgment of the court of second instance, and each of the crimes under Articles 38 (1) of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes under paragraphs (2) and (3) through (6) of the judgment of the court of second instance in the judgment of the court of second instance, and thus, the judgment of the court of first instance cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the judgment of the court below as to each of the unfair arguments of sentencing by the prosecutor and the defendant, since there are grounds for reversal ex officio as seen earlier.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 347(2) and 347(1) of the Criminal Act (the point of fraud against the victim B), Article 347(1) of the Criminal Act (the point of fraud against the other victims), and each choice of imprisonment with prison labor

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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