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(영문) 서울고등법원 2017.02.07 2016노2491
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

The defendant shall be written in the list of crimes in attached Form 1(b) of the judgment of the first instance.

Reasons

The summary of the grounds for appeal: It is unlawful to render a judgment in the absence of the defendant without serving a copy of the indictment and a writ of summons on the trial date on the defendant who is detained in the second instance court's case.

The punishment sentenced by the first and second court to the defendant (the first instance court: the crime against the victim C, D, E, and the crime of the second and third in the attached list of crimes in the judgment of the court below among the crimes of the first instance court in the judgment of the court below), the crime of the first in the judgment of the court, the crime of the first in the attached list of crimes, and the crime against the victim F in the attached list of crimes in the first in the judgment of the court, two years and nine months of imprisonment, and the crime of the second in the attached list of crimes in the first in the judgment of the court, among the crimes of the first in the attached list of crimes, the punishment of the victim G and the second in the attached list of crimes in the judgment of the court below is too unreasonable.

Judgment

The judgment of the court below in Article 1 and 2 against the defendant in the judgment of the court below, and the defendant filed an appeal against the above two cases, and this court decided to hold a joint trial. Among the crimes of Article 1-B of the decision of the court of first instance, the crimes of the victim C, D, E, and the crimes of Articles 2 and 3 in the judgment of the court below and the crimes of Article 2-3 in the judgment of the court below in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment shall be imposed in accordance with Article 38-1 of the Criminal Act. Thus, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

On January 31, 2017, a prosecutor filed an application with the court for the permission of changes in the indictment No. 1 and No. 2 of the judgment of the court of first instance on the charges of the crimes No. 1 and No. 2 as stated in the amended criminal records of the crimes No. 1 and No. 2 of the judgment of the court of first instance. Since the same is changed by this court’s permission, the judgment of the court of first instance cannot be maintained as they are.

According to the records on the determination of the illegality of litigation procedures, the second instance court.

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