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(영문) 춘천지방법원 강릉지원 2020.01.16 2019노417
사기등
Text

All judgment of the court below shall be reversed.

Each crime of the judgment of the court of first instance and each crime of the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the first instance court: the imprisonment of 6 months, and the second instance court: the imprisonment of 2 months, the imprisonment of 4 months, etc. for each crime of 2 months, the holding 2 and 3) is too unreasonable.

B. The Prosecutor’s Second Instance’s sentence (two months of imprisonment, four months of imprisonment, etc. for each of the crimes listed in the Decision No. 2 and No. 3) is too unhued and unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appellate cases. Since each of the crimes of the first and second original judgments against the defendant and each of the crimes of the first of the second original judgments are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the above parts among the first and second original judgments cannot be maintained as they are, inasmuch as they are concurrent crimes under Article 38(1) of the Criminal Act.

However, each of the crimes listed in Articles 2 and 3 of the judgment of the second instance is related to the crime of fraud for which the judgment becomes final and conclusive on July 5, 2014 and the concurrent crimes listed in the latter part of Article 37 of the Criminal Act. Notwithstanding the consolidated examination decision of this court, each of the above crimes must be sentenced separately to the crimes listed in the judgment of the first instance, and therefore, the above parts cannot be reversed solely on the ground of the consolidation itself. Accordingly, we examine both of these crimes.

3. Determination on the assertion of unfair sentencing by both parties (the fourth-month part of the judgment of the court of the second instance) repeatedly commits a similar crime, and the fact that the Defendant, through the fabrication and uttering of each public document of this case, obtained a large amount of money from T and U through the commission of each of the crimes, is not good, etc. that are disadvantageous to the Defendant.

However, the defendant completely recovers the damage of T/U, and the crime of this part is determined by the judgment of the first instance court that became final and conclusive.

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