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(영문) 대전지방법원 2019.11.27 2018노3004
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a year and June, and for a second time: imprisonment with prison labor for a period of ten months, and for a third time: imprisonment with prison labor for a period of eight months, and for a fourth time: imprisonment with prison labor for a period of eight months) is too unreasonable.

2. Each of the crimes of the first to fourth judgment against the defendant became concurrent crimes as the case of the first to fourth judgment of the court below appealed by the defendant ex officio.

In this case, the judgment of the court below in accordance with Article 38 of the Criminal Code should be judged simultaneously and sentenced to one punishment, so the judgment of the court below in 1 to 4 can no longer be maintained.

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 assertion of unfair sentencing, and it is again decided as follows through pleading.

【Grounds 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 identical to the facts stated in the corresponding column of the judgment of the court below 1 through 4. Thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 140(1) of the Criminal Act, Article 140(1) of the Criminal Act, the choice of punishment for the crime

1. From among concurrent crimes, the following facts are favorable to the Defendant: (a) the Defendant’s grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize and reflects all of his/her mistakes; and (b) there is no penalty power exceeding the fine.

On the other hand, in light of the circumstances and methods of crimes, etc., there is a very bad character of crimes, there is a history of having been punished several times for the same and different crimes, and the victim is a majority and the amount of damage is up to 485,220,000 won, and each of the crimes in this case.

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