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(영문) 의정부지방법원 2019.11.29 2019노1842
사기등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Each sentence (No. 6 months of imprisonment with prison labor and no. 2 months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the whole of the judgment below, and according to the Supreme Court Decision 2019Hu851 Decided September 26, 2019, the trial court held that each of the above appeals cases was consolidated and tried in accordance with the decision of September 26, 2019. As long as all of the criminal facts of each of the above judgment below are concurrently in a relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be held simultaneously and sentenced to a single punishment. Thus, the judgment of the court below is no longer maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

[Dao-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is as follows: the first and the first and sixth criminal facts of the judgment of the court of first instance, in addition to the fact that the first and sixth criminal facts of the judgment of the court of first instance are "competing criminal complaints", and all of the judgment of the court below are the same as the corresponding columns of the judgment of the court below. Thus, they are cited as they are in accordance with

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent offenders, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed with respect to the Defendant’s duty to withstanding, and embezzlement by arbitrarily using the amount of KRW 32 million paid by the Victim S, and by taking over the vehicle purchased by the Victim W with KRW 14.8 million.

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