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(영문) 광주지방법원 2020.09.08 2020노1064
사기등
Text

All of the first and second original judgments shall be reversed.

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

Reasons

1. The summary of the grounds for appeal (in the case of the first judgment: imprisonment with prison labor for a period of two years, and imprisonment with prison labor for a period of one year) of the lower judgment is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to the defendant, and the defendant filed an appeal respectively, and this court decided to jointly examine the above two appeals cases.

The crime of each judgment of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above judgment of the court below cannot be maintained as it is, since it is the concurrent crimes under Article 38 (1

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act for criminal facts (a point of interference with business and choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the fact that the Defendant recognized each of the crimes of this case among the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act is an element for sentencing favorable to the Defendant.

On the other hand, the defendant has been sentenced to imprisonment more than three times due to violent crimes, and even if so, each of the crimes of this case has been repeated during the period of the same repeated crime that has not yet been released, and the criminal records of the defendant, such as injury, etc., are imposed whenever each of the crimes of this case is committed.

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