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(영문) 부산지방법원 2020.12.17 2020노2346
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the original court on the grounds of appeal (Article 1: 8 months, and 6 months, respectively) is unreasonable.

2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below contains reasons for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The sentencing factors, such as the reflection of the defendant's reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, the period of a repeated crime of the same kind, agreement and partial recovery of damage, etc., and the scope of the recommended punishment (one to six years of imprisonment) according to the sentencing guidelines set forth in the annexed guidelines shall be determined, taking into consideration the punishment;

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