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(영문) 부산지방법원 2021.01.21 2020노2958
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The determination of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for one year and three months and the second instance: imprisonment for a period of eight months) is unreasonable.

2. Each of the offenses of the judgment below that the court joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio.

In accordance with Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed and the judgment shall be rendered as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting an offense (the fraud point), Article 319(1) of the Criminal Act (the point of intrusion on a structure), Articles 342 and 329 of the Criminal Act, Article 257(1) of the Criminal Act (the point of attempted larceny), Article 311 of the Criminal Act, Article 260(1) of the Criminal Act, Article 329 of the Criminal Act (the point of insult) for the selection of punishment, and each choice of imprisonment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing factors, such as the period of a repeated crime, frequency of the crime, the scale of damage and unrecovering, etc. for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the scope of the recommended punishment according to the sentencing guidelines (a period of not less than one year) shall be determined by comprehensively taking into account the factors of sentencing

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