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(영문) 부산지방법원 2020.08.20 2020노1257
절도등
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 imprisonment with prison labor for 6 months) by the lower court is too unreasonable.

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

As the case of each of the judgment below appealed by the defendant at the trial, each of the facts constituting a concurrent crime under the former part of Article 37 of the Criminal Act shall be judged simultaneously pursuant to Article 38 of the Criminal Act and sentenced to one punishment. Thus, the judgment of the court below which rendered a separate sentence for each of the above crimes shall no longer be 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, and the judgment below is reversed in its entirety, and it is again 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, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (a comprehensive use of credit cards), Article 347 (1) of the Criminal Act (a comprehensive use of credit cards), Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act concerning facts constituting an offense, and Article 230 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the concurrent crimes of awards (the crimes of uttering, such as the recording of a false work or electronic record);

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, the Defendant, who had been punished several times as a similar crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, committed each of the crimes in this case.

In particular, in the process of committing the crime of fraud, the writing of a prior recording is used.

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