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(영문) 서울남부지방법원 2017.07.14 2017노286
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Application for remedy order by applicants.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the lower court on the Defendant (one year and six months of imprisonment with prison labor for the first instance court and one year of imprisonment with prison labor for the second instance court).

2. Ex officio determination of the lower court ex officio, this Court held that each appeal case of the lower judgment was consolidated and tried, and since each of the offenses in the merged cases is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below that sentenced a separate sentence against the defendant can not be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

In addition, according to the inquiry about the results of transfer bound in the trial records and the statement of agreement, the fact that the defendant transferred the amount of damage to the account in the name of the applicant for compensation in the court below, and the fact that the applicant for compensation in the court below prepared and submitted a written agreement in which the defendant agreed with the defendant in the party trial and the intent not to be punished is recognized. Thus, pursuant to Article 33(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the part of the compensation order against the applicant for compensation among the court below's judgment is revoked (Reversal) and all of the applicants for compensation are dismissed pursuant to Articles 32(1)3 and 25(3)3 of the same Act.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to 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. Article 347(1) of the Criminal Act (Article 347(1) of the Criminal Act (Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 258-2 of the Criminal Act, as stated in the judgment of the first instance) as to the crime, and Article 258-2 of the Criminal Act.

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