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(영문) 서울동부지방법원 2018.03.30 2017노660
사기등
Text

Of the judgment of the court below, the part of the judgment of the court below excluding the compensation order for the second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant 2, 3, and 4 (a imprisonment with prison labor, a fine of one million won, and a fine of three million won) is too unreasonable.

B. The sentence (two million won in penalty) sentenced by the first instance judgment by the prosecutor is too unfluent and unfair.

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment

In the trial of the party, each appeal case against the judgment of the court of the second instance that sentenced the defendant to the punishment of each fine and the judgment of the court of the second instance that sentenced to imprisonment with prison labor was combined. Each of the offenses of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and as such, each of the offenses of the court of first instance that the prosecutor appealed to imprisonment with prison labor for the type of fraud of the judgment of the court of first instance. As such, each of the offenses of the judgment of the court of first instance and the offenses of the judgment of the court of first instance and the 3, and 4 original judgment should be sentenced to one punishment pursuant to Article 38(1)2 of the Criminal Act, and the judgment of the court of first instance

3. The conclusion of the judgment below is reversed by the above ex officio grounds for reversal, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant and the prosecutor, and all of the judgment below except the order for compensation for the second judgment among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act, and

[Judgment of the court below regarding the part other than the order for compensation of the second instance decision among the judgment below] The summary of criminal facts and evidence acknowledged by this court is the same as that of each corresponding column of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) [Article 347(1) of the Criminal Act concerning the pertinent criminal facts and Article 347(1) of the Criminal Act concerning the selection of punishment [Article 1 and 2 of the lower judgment’s fraud, the choice of imprisonment (in light of the following sentencing’s attention, imprisonment with prison labor as to each fraud of the lower judgment], Articles 347(1) and 30 [Article 347(1) of the Criminal Act.]

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