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(영문) 서울중앙지방법원 2015.12.10 2015노2407
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor for each of the crimes set forth in the judgment of the court below in the first and third instances.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendant (the first instance judgment: imprisonment with prison labor for a year and June, 2, and 3: each imprisonment with prison labor for a period of four months) is too unreasonable.

B. The lower court’s respective sentence (the first instance judgment: imprisonment with prison labor for one year and six months, and the third instance judgment: imprisonment with prison labor for four months) against the Defendant against the prosecutor (as to the case in 2015No2407 and 2015No4212) is deemed unfair as it too unhued.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below was rendered to the defendant, and the judgment of the court below Nos. 1, 2, and 3 against the defendant was rendered, and the defendant filed each appeal against the judgment of the court of first and third instances, and the court of first and third instances decided to jointly examine each of the above appeals cases.

First of all, the first and the third judgment of the court below should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated punishment in accordance with Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this respect, the first and third judgment of the court below cannot be maintained.

In addition, on July 22, 2010, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment at the Gwangju District Court, and the above judgment became final and conclusive on July 30, 2010 (Seoul District Court 2010Da1573), and the judgment of the court of second instance is in a concurrent relationship between the above crime for which judgment becomes final and the crime under the latter part of Article 37 of the Criminal Act, and the crime under the latter part of Article 39(1) of the Criminal Act is determined after considering equity in cases where judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. In this regard, the judgment of the court of

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

Criminal facts

b) the evidence;

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