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(영문) 대구지방법원 2020.11.27 2020노1953
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, and 2: imprisonment with prison labor for 3 months) of the judgment below is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. 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, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the Defendant committed each of the instant crimes even though he/she had been punished several times for the same thief crime, and that the Defendant did not properly recover from damage until now even though he/she was a majority of the victims of larceny and fraud.

However, the fact that a stolen pre-paid card was returned to the victim is favorable to the defendant.

The defendant's age, character and conduct, environment, family relationship, and motive and motive of the crime, including the above circumstances.

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