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(영문) 서울남부지방법원 2020.04.16 2019노2503
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (Article 1: 5 months of imprisonment and 3 months of imprisonment) is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio judgment. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and the sentence should be imposed within the period of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, all of the judgment of the court below should

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Of concurrent crimes, the amount of damage to reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not exceed the amount of damage to some victims, the fact that the defendant has agreed with some victims, the defendant has committed many offenses of frauds with similar methods, the defendant committed each of the crimes of this case at the same time during the period of repeated crimes, and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc. are considered in light of all the conditions for sentencing specified in the arguments of this case.

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