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(영문) 광주지방법원 2020.04.16 2019노3069
사기등
Text

All parts of the judgment of the court below except the compensation order shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly. Each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from reversal.

3. Accordingly, the judgment of the court below is reversed ex officio and the remaining parts of the judgment of the court below except the compensation order are reversed ex officio and it is again decided as follows, without examining the defendant's argument of unfair sentencing.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) of the Criminal Act (a repeated crime committed in combination with A), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (a single thief), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act (a single thief), Articles 347 (1) and 30 of the Criminal Act (a single thief), Articles 347 (1) and 30 of the Criminal Act (a single thief), Article 70 (1) 3 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act (a single thief of credit card), Article 347 (1) 1 of the Criminal Act, each choice of imprisonment with labor

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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