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(영문) 서울서부지방법원 2014.08.21 2014노366
사기
Text

All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (one and half years of imprisonment with prison labor of the first instance court, and six months of imprisonment with prison labor of the second instance court) is unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and the court decided to hold a concurrent examination of each appeal case against each of the defendant's appeals.

However, each of the crimes of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the concurrent crimes under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment imposed.

Therefore, each judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, each judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

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

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment (Provided, That Article 30 of the Criminal Act shall apply only to crimes A and joint crimes) (Each choice of imprisonment with prison labor);

1. From among concurrent crimes, the sentencing reasons for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are heavy amount of damage caused by each of the crimes of this case, and the victim U did not reach an agreement or make a repayment for damage, etc., the defendant shall be punished corresponding to the act.

However, for the first time, agreement with the victim I is reached, all of the crimes are led to confessions and repents, there is no criminal records of the same kind of crime and serious criminal records, and the details and means of each of the crimes of this case, degree of damage, circumstances after the crime, career, environment, etc. of the defendant.

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