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(영문) 서울중앙지방법원 2016.10.21 2016노1847
사기
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 gist of the grounds for appeal is too heavy for the lower court’s punishment.

2. The lower judgment on the Defendant’s judgment ex officio was separately sentenced, and the Defendant filed an appeal.

This Court decided to consolidate two appeals cases with one another.

However, since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in its entirety and it is so decided as follows through pleading.

[Discied Judgment] The same shall apply to the relevant column of the judgment of the court below on criminal facts and summary of evidence.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, along with all the circumstances revealed in the reasons for sentencing in the original judgment and all the conditions of sentencing indicated in the record, shall be determined by taking into account.

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