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(영문) 서울북부지방법원 2017.10.19 2017노1692
사기
Text

All judgment of the court below shall be reversed.

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

Reasons

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

2. Before deciding on the grounds of appeal by the defendant's ex officio, the defendant filed an appeal against each judgment of the court below, and the appellate court decided to hold concurrent hearings of the above two appeals. Since each offense of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment under Article 38 (1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining all of the judgment of the court below as to the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio as seen earlier.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each 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. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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