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(영문) 의정부지방법원 2020.05.28 2020노182
사기
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (the first instance court: Imprisonment with prison labor for one year and the second instance court: Three months);

2. The first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and it is reasonable to sentence one punishment pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained as they are.

3. If so, the judgment of the court of first and second trials on the grounds of the above ex officio reversal, and thus, without examining the defendant's respective arguments on unfair sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts and the summary of evidence recognized by the court below's judgment of the first instance court where there is obvious error in the facts constituting a crime and the summary of evidence are stated in the corresponding column, except that the phrase " around December 2019" is deemed " around December 2018."

(Article 369 of the Criminal Procedure Act). Application of law

1. Selection of each of the applicable Articles of the Criminal Act, the choice of a punishment, and Article 347 (1) of the Criminal Act, and the choice of imprisonment by victim;

1. A person who has reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: A person who obtains a total of KRW 200 million from three victims by means of a chain of personal relationship for a considerable period; a person who has been punished by a fine for the same kind of crime; a person who has failed to repay most damages; a person who has been punished by a fine: the confession of a crime; a victim B does not want the punishment of the defendant; a victim B does not have a criminal record exceeding a fine; the defendant's age, character and behavior, environment, family relationship, motive, details and method of the crime; and other circumstances after the crime.

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