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(영문) 창원지방법원 2020.10.16 2020노963
사기등
Text

The part of the judgment of the court below regarding the defendant's case and the second and third judgment shall be reversed, respectively.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable to determine the sentencing [the sentencing of the court below for three years and six months (the first instance judgment), the imprisonment for four months (the second instance judgment), and the imprisonment for four months (the third instance judgment)] of each court below.

2. We examine ex officio the Defendant’s grounds for appeal on the grounds of unfair sentencing prior to the judgment on the grounds of appeal on each of the unfair sentencing.

Each judgment of the court below against the defendant was sentenced separately, and the defendant filed an appeal against each judgment of the court below, and this court decided to hold a joint hearing of each appeal case. Since each offense of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act and a single punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the part of the judgment of the court of first instance and Articles 2 and 3 are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, Article 350 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders have already been punished several times. In particular, each of the crimes of this case has been committed several times in spite of the fact that the defendant is serving as a repeated offender due to the same kind of crime. The victims of each of the crimes of this case are many victims.

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