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(영문) 서울남부지방법원 2019.02.15 2018노1165
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., the Defendant explicitly withdrawn all other arguments except the allegation of unfair sentencing on the second trial date of the appeal.

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment of this case to the effect that one (9,696,250 won) per annum (6,174 won) in the annexed list of crimes (E) and one (636,174 won) in the annexed list of crimes among the annexed list of crimes (E), and one (636,174 won) in the annexed list of crimes among the annexed list of crimes in this case. This court permitted this.

However, as seen below, the revised facts charged are found guilty and it is found guilty at the court below, and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the court below's judgment cannot be maintained in its entirety.

3. In conclusion, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

[C] The summary of the facts of the crime and the evidence recognized by this court is as follows. The summary of the facts of the crime and the evidence of the court below, except for deletion of 1 (amount supplied 9,696,250 won) per annum (amount supplied 9,69,250 won) and 1 (amount damaged 636,174 won) per annum in the annexed crime list (E) among the facts of the crime of the court below, shall be cited as it is stated in each corresponding column of the court below. Thus, it shall be cited as it is in accordance with

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 356 of the Criminal Act concerning the crimes;

1. Among concurrent crimes, each of the crimes in this case is with reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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