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(영문) 부산지방법원 2021.02.03 2019노4218
사기등
Text

All judgment of the court below shall be reversed.

Defendant

A Of the crimes set forth in the Decision 1 of the 2019 Highest 2151 of the Judgment of the first instance, Annex A shall be attached.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: 3 years of imprisonment, 2, and 4: each sentence of imprisonment with prison labor, 3 months, and 3 won: Imprisonment with prison labor, 2 months, 6, and 7: imprisonment with prison labor, 6 months, and 6 months each sentence of imprisonment) by Defendant A is too unreasonable.

B. Defendant GV’s sentence (the first instance court of KRW 4: imprisonment with prison labor of KRW 3 months, and the second court of KRW 5: imprisonment with prison labor of KRW 6 months) is too unreasonable.

(c)

Defendant

The sentence of the IP court (the 7th sentence: the fine of KRW 500,00) is too unreasonable.

(d)

The sentence of the first instance court against the Defendant A by the Prosecutor is too unhued and unreasonable.

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

A. 1) A’s ex officio determination as to Defendant A’s consolidated trial is rendered to Defendant A, and both the judgment of the court below and the judgment of the court of first instance are rendered to Defendant A, and Defendant A filed an appeal against the judgment of the court of first instance, and the court of first instance decided to jointly examine the above six appeals cases.

Defendant

Of the crimes No. 1 in the judgment of the first instance court in the judgment of 2019 High Court Decision 2151, the crimes No. 2 and 3 in the attached Table IV 1 in the judgment of the first instance court, and the crimes No. 2 and 4 in the judgment of the second instance in the judgment of the first instance in the judgment of 2019 High Court, the crimes No. 5229 in the judgment of the second instance in the judgment of 529 High Court, and the crimes No. 6 in the judgment of the court below, and each of the remaining crimes in the former part of Article 37 of the Criminal Act, shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act.

In this respect, the above judgment of the court below cannot be maintained as it is.

2) The offense for which a judgment to face with imprisonment without prison labor or heavier punishment has become final and conclusive, such as omission of final judgment, and the offense committed before such final and conclusive judgment constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a sentence shall be imposed in consideration of equity in cases where a judgment among concurrent crimes has not become final and conclusive under Article 39(1) of the Criminal Act and a crime for which a final

A judgment has already been rendered for a crime which has not yet been rendered.

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