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(영문) 청주지방법원 2020.10.22 2020노658
사기등
Text

The part of the first judgment excluding the compensation order and the second judgment shall be reversed in all.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (Article 1: 4 years of imprisonment with prison labor, and Article 2: 2 months of imprisonment) of the lower court is too unreasonable.

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

The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two cases of appeal. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the crimes in the relation of concurrent crimes under Article 38(1) of the Criminal Act should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second

3. The judgment of the court below on the ground of the above ex officio reversal is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and all of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance are reversed, and the following is

[C] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court in addition to the fact that the "AL" in the annexed list No. 9 of the judgment of the court of first instance is applied to "Z", and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act for the crime concerned; Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54(1) and 152 subparag. 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Grounds for sentencing of the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and the proviso of Article 42 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to forty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

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