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(영문) 서울고등법원 2016.12.08 2016노2697
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All part of the judgment of the court below in the first and second cases shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 (No. 4 years of imprisonment with prison labor for the first instance court, and No. 2 years of imprisonment for the second instance court) are too unreasonable.

2. As the judgment of the court below against the defendant in the judgment of the court below in the first and second instances, the defendant filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of each of the above appeal cases. Since the crimes of the court below in the first and second instances against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, and therefore the part of the judgment of the court below in the first and second instances

When an appeal against a conviction is filed, the confirmation of a compensation order shall be interrupted, and it shall be transferred to the appellate court along with the accused case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even though the accused only appealed the part of the judgment of the second instance, and did not object to the compensation order, the compensation order issued by the judgment of the second instance was transferred to the appellate court along with the accused case.

However, the Defendant did not assert the grounds for appeal regarding the part of the order for compensation by the second instance judgment, and the above part cannot be found and thus, it must be maintained as it is.

3. As such, the part of the judgment of the court below in the first and second judgments on the defendant's case is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing as seen earlier, and the part of the judgment of the court below in the first and second judgments are as follows.

【Reason of the judgment of the court below which has been written] The facts constituting a crime and summary of evidence recognized by this court and summary of evidence fall under the column of the judgment of the court below of first and second instance except for the corresponding parts among the facts constituting a crime of the court of second instance as follows:

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