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(영문) 서울남부지방법원 2020.11.10 2020노611
사기등
Text

The remainder of the original judgment and the second instance judgment, excluding the compensation order, shall be reversed, respectively.

Reasons

1. Summary of the grounds for appeal each unfair sentencing (the first instance court: Imprisonment with prison labor for a year and June, and the second instance court: one year);

2. Prior to the judgment on the grounds of appeal, we examine ex officio prior to the judgment on the grounds of appeal. The court below rendered a separate judgment on each of the judgment below against the defendant, but the court below held concurrent trials and tried at the trial. Each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act and should be adjudicated simultaneously and sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the remainder of the judgment of the court of first and that of the judgment of the court

(2) The grounds for appeal regarding the part on the order for compensation among the judgment of the court below in the petition of appeal and the appellate brief submitted by the public prosecutor and the defendant are not indicated, and even if ex officio examination is conducted, the above order for compensation cannot be revoked or amended. Thus, the part on the order for compensation among the judgment of the court below of the second instance is maintained as they are.

【Grounds for the Judgment of the court which has been written in multiple times] Except for the fact-finding and summary of the facts of the crime and evidence recognized by the court below, the third and the third and fourth deeds of the judgment of the court of first instance shall be cited in accordance with Article 369 of the Criminal Procedure Act, since they are the same as the corresponding columns of the judgment of the court below, except for the case where "the defendant, in collusion with the name-free boxes, etc., acquired the property of the victim, and exercised the forged official document."

Application of Statutes

1. The relevant provisions of the Criminal Act and Articles 347(1) and 30 (Fraud and Selection of Imprisonment) of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act concerning the attempted fraud of the crime;

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