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(영문) 서울남부지방법원 2019.05.07 2018노2580
사기등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the point of fraud and special assault in the judgment of the court of first instance) (the point of fraud and special assault) the Defendant did not have the intention to defraudation as to the fraud, and did not have any dangerous thing towards the floor as to the special assault, and did not have any fact leading the victims. 2) The Defendant was in the state of mental disorder or mental disorder due to mental disorder, such as depression, etc. at the time of each of the instant crimes.

3) The sentence of the lower court (the first instance court: imprisonment with prison labor for one year and confiscation, and four months: imprisonment with prison labor for the second instance court) is too unreasonable. B. The first instance court’s sentence of the lower court (the first instance court’s sentencing on the first instance court’s judgment) is too unreasonable and unfair. 2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal, the Defendant and the Prosecutor appealed, and the lower court decided to jointly deliberate on all the above appeal cases. Each of the offenses against the Defendant by the lower court constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the lower court cannot be maintained as it constitutes a single sentence within the scope of one sentence among concurrent crimes under Article 38(1) of the Criminal Act. However, even if the aforementioned grounds for ex officio reversal exist, the lower court’s determination of mistake and mental or physical disorder still becomes subject to the judgment of the lower court, and this is examined.

A. On September 15, 2018, around 15:00 on September 5, 2018, the Defendant, a summary of the facts charged, was boarding a taxi operated by the victim B in the street near the old-ro station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, and can be seen as “on the part of the victim’s watching and viewing.”

As such, I will go back to the viewing of the fluence, and after completion, I will go back again and move back to the vicinity of the new fire fighting station in Gangseo-gu.

The taxi rate is included in the amount of biffed.

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