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(영문) 의정부지방법원 2020.09.17 2020노1225
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. Summary of the grounds for appeal and the sentencing thereof (two months in prison);

2. Determination ex officio: Before judgment on the grounds for appeal for the necessary consideration of the latter part of Article 37 of the Criminal Act, the health belt is ex officio, and the defendant was sentenced on June 12, 2020 to one year by imprisonment for a crime of fraud at the Jung-gu District Court on June 12, 2020, which was after the pronouncement of the judgment of the court below, and the judgment became final and conclusive on June 20, 2020. The crime of this case and the above fraud for which the judgment of this case became final and conclusive are concurrent crimes under Article 39(1) of the Criminal Act, the judgment of the court below is no longer maintained

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

[Grounds for the judgment of multiple court] The summary of the facts constituting a crime and evidence recognized by the core of the facts constituting a crime and evidence is as stated in the corresponding column of the judgment of the court below, with the exception that the defendant was sentenced on June 12, 2020 to one year by imprisonment for a crime of fraud at the Jung-gu District Court on June 12, 2020, and the judgment became final and conclusive on June 20, 2020.]

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the punishment for concurrent crimes, and Article 37 (latter part) and Article 39 (1) of the Criminal Act concerning the selection of punishment;

1. A person who is under the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: A person who has the power to punish the same crime, etc.: A person who is subject to mitigation, such as the existence of force to punish the same crime: Confession, exemption from punishment of the victim company, consideration of equity in cases where a judgment was rendered together with a final judgment, and other factors for sentencing under Article 51 of the Criminal Act,

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