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(영문) 수원지방법원 2021.02.03 2020노3596
사기등
Text

Defendant

Of the judgment of the court of first instance against A, the remainder except the rejection of an application for a compensation order and an order for compensation, and 2.

Reasons

[Defendant A]

1. Summary of grounds for appeal;

A. Defendant A’s punishment (the first instance judgment: imprisonment with prison labor for three years, and imprisonment with prison labor for two months) is too unreasonable.

B. The first instance court’s punishment against Defendant A of the Prosecutor is too unhued and unreasonable.

2. As to the judgment of the court of first instance and the judgment of the court of second instance against Defendant A, the judgment of the court of first instance and the judgment of the court of second instance against Defendant A, the prosecutor filed each appeal against the judgment of the court of first instance, and the court of second instance decided to jointly examine the above two appeals cases.

Defendant

The first and second judgment of the court below cannot be maintained as it is because each crime of the first and second judgment against A is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is to be imposed in accordance with Article 38(1) of the Criminal Act.

3. In conclusion, the judgment of the court below against Defendant A is reversed and the judgment of the court below against Defendant A is reversed, and the judgment of the court below against Defendant A is reversed, and the judgment below of the court below against Defendant A is reversed, and the judgment below of the court below is again decided as follows, without examining the unfair argument of sentencing by Defendant A and the prosecutor.

[Reasons for the new judgment against Defendant A] The summary of facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment below, and thus, the summary of facts constituting an offense and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 49(4)2, and Article 6(3)3 of the Electronic Financial Transactions Act, Article 95-2 Subparag. 2 and Article 32-4(1)1 of the Criminal Act, Article 30 of the Criminal Act, the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the order for compensation for concurrent crimes subject to imprisonment, and the provisional execution order for compensation and compensation for the same.

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