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(영문) 서울남부지방법원 2019.07.19 2019노171
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (two years and six months, and two years, respectively, and two years, respectively) is too unreasonable.

2. Each court of original judgment ex officio rendered a judgment of imprisonment with prison labor as above after completing a separate hearing against the defendant.

The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.

However, each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. Accordingly, 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 ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. There is no evidence to acknowledge that the Defendant, by deceiving the victims by a false statement that the Defendant was dead, had restored the damage, even though he/she acquired a large amount of property.

Defendant.

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