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(영문) 서울동부지방법원 2018.05.18 2017노1928
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The grounds for appeal (unfair sentencing) each of the lower courts’ respective punishments (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 10 months) is too unreasonable.

2. The appeal case against the judgment below was consolidated at the court below's ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the following judgment is rendered through pleading.

【Grounds for the judgment to be used again] The facts constituting a crime and summary of evidence recognized by the court are identical to the entries in each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act [Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Rules on Criminal Procedure, “No. 6 of the annexed Table No. 2 of the judgment of the court below [No. 6] of the annexed Table No. 6 [No. 1. 4, 2016] is clearly erroneous in office, and thus ex officio correction is made].

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Although there are no criminal records of the same kind of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even though the total amount of damage reaches at least KRW 100 million, there are almost no parts recovered and specific efforts to recover damage are not made. It is not good that the crime was committed against many victims in a short period, and all circumstances such as the appearance of statements during the criminal trial process, the age and career relationship of the defendant were taken into account.

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