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(영문) 창원지방법원 2020.11.19 2020노1286
사기등
Text

We reverse the judgment of the court below.

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

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a maximum of one year and six months, the short of one year, the second instance judgment’s imprisonment for a maximum of two months, the short of one month, and the third instance judgment: imprisonment with prison labor for a maximum of four months and the short of two months) are too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

As each case of the judgment of the court below is merged in the trial, each crime of the judgment of the court below becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced simultaneously in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below that rendered a separate punishment for each of the above crimes cannot be maintained any more.

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, and it is so decided as follows.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 257(1) of the Criminal Act, Article 329 of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 329 of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on the Punishment of Violences, etc. with the largest punishment)

1. The Defendant, on the grounds of sentencing under Articles 2 and 60(1) of the Juvenile Act, recognized the instant crime and reflected in the crime.

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