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(영문) 서울남부지방법원 2017.01.19 2016노1793
사기등
Text

Of the judgment of the court below of the first instance, the No. 6 crimes, No. 32 or No. 49 crimes among crimes No. 9 crimes, and No. 10-B.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unfair in light of the following: (a) the Defendant committed the instant crime while getting involved in a harsh collection from the bond company; (b) there are circumstances to consider the circumstances; (c) the Defendant paid damages to some victims at the lower court’s stage; (d) the Defendant has been making efforts to repay additional damages; and (e) the Defendant is deeply divided into his fault, etc., the sentence imposed by the lower court (the lower court’s judgment: 1: imprisonment with prison labor for a year and 6 months; and (e) imprisonment with prison labor for a year and 2: 2 million won; and (iii) imprisonment with prison labor for a year and 1 year of suspended execution for a period of April) is too unreasonable.

2. Determination

A. The judgment of the court below in the first, second, and third instances regarding the defendant's ex officio judgment was rendered, and the defendant filed an appeal against each judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases.

However, among the judgment of the court of first instance against the defendant, the crime No. 6, the crime No. 32 through No. 49 among the crimes No. 9, and the crime No. 10-b.

C. From among crimes of Articles 11, 12 and 15, those of Articles 2 to 11 of the sight table 5, those of Articles 16 to 18 and 3 of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, one sentence should be imposed.

Therefore, among the judgment of the first instance court, the first instance court's holding Nos. 6, 32 through 49, and 10-b.

C. Of the crimes of Articles 11, 12 and 15, the parts concerning the crime in the sequence 2 through 11 of the sight table 5, the crimes in the crimes of Articles 16 through 18 and the judgment of the court of the court of the third instance cannot be maintained as they are.

B. Of the judgment of the court below of first instance, the crimes Nos. 1 through 5, 7, 8, 1 through 31 in the list of crimes among crimes No. 9, and 10 in the list of crimes

A. According to the records, the part concerning the first re-crime Nos. 5 of the crime from among the crimes of Articles 13, 14, and 15 and the judgment of the court below as to the second and third concurrent crimes under the former part of Article 37 of the Criminal Act, and the records, the defendant is on September 10, 2015.

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