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(영문) 서울서부지방법원 2019.01.10 2018노1206
사기
Text

The part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the lower court’s punishment (the first instance court’s punishment: the imprisonment of a maximum of two years and six months, the second instance court’s imprisonment of a maximum of six months and the second instance court’s punishment: the short of six months) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the records, although the defendant was CO students at the time of the pronouncement of the first and second judgment, it is apparent that he was above 19 years of age at the time of the pronouncement of the judgment of the court below, but at the time of the pronouncement of the judgment of the court, it is obvious that he was above 19 years of age, the judgment of the court below in the first and second instances that sentenced the defendant not to be sentenced for

In addition, the court of the first and second instances of appeal against the defendant, and the first and second instances of appeal against the defendant are concurrently examined, and the crimes of the defendant in the first and second instances of concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes under Article 38 (1) of the Criminal Act, and should be punished with a single sentence within the term or amount of punishment aggravated concurrent crimes

Therefore, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order cannot be maintained any more in this respect.

3. As such, the part of the judgment of the court of first instance excluding an order for compensation among the part against the defendant 1, and the judgment of the court of second instance excluding an order for compensation on the grounds of an ex officio reversal. Thus, without examining the defendant's assertion of unfair sentencing, all of them are reversed under Article 364 (2)

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is identical to each corresponding column of the 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 provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 347(1) of the Criminal Act, and Articles 347(1) (the point of single fraud) of the Criminal Act, and choice of imprisonment with labor.

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