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(영문) 부산지방법원 2018.11.23 2018노3435
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for a year of ten months and by a fine of seven hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

In light of the above legal principles, the judgment of the court below on the order of employment restriction pursuant to Article 56(1) of the Act on the Punishment, etc. of Sexual Crimes and the part on which the judgment of the court below rendered a judgment on the remaining guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, so long as a single sentence is pronounced, the judgment of the court below on the order of employment restriction pursuant to Article 56(1) shall be reversed in its entirety,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Inasmuch as the judgment used again is the same as the statement in the corresponding column of the judgment of the court below, the summary of the facts constituting the crime and the evidence recognized by the court below and the summary of the facts charged and the evidence related thereto are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where “1. Q (n, 5* 5) and Q (n, 200) and Q (n, 200 x 3)” in the 11th sentence of the judgment of the court below as “the police's statement in Q (n, 5* 5).”

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 260(1) of the Criminal Act (the point of violence), Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 366 of the Criminal Act (the point of damage to property), Article 298 of the Criminal Act (the point of forceful indecent act) and Article 311 of the Criminal Act concerning the facts constituting an offense; Article 329 of the Criminal Act (the point of insult)

1. Determination of choice of punishment [2018 high-level 819] Determination of a fine for each crime [2018 high-level 819]: Determination of imprisonment with prison labor for the remaining crimes except for each crime

1. As to each crime except for each crime of Article 35 of the Criminal Act [2018 high Doz. 819]

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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