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(영문) 대전고등법원 (청주) 2019.02.14 2018노140
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for ten years.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of each of the defendants (the first instance judgment: 10 years of imprisonment, and 1 year and 6 months of imprisonment) is too unreasonable.

B. The sentence of the judgment of the court below of the second instance by the prosecutor is too unfortunate and unreasonable.

2. We examine ex officio prior to the determination of the Defendant and the Prosecutor’s assertion.

The judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed each appeal against the judgment of the court of second instance against the judgment of the court of second instance, and this court decided to hold the two appeals together.

Each of the crimes of the first and second lower judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed on the defendant pursuant to Article 38(1) of the Criminal Act. As such, the first and second lower judgment cannot be maintained as it is.

3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining each of the grounds for reversal of sentencing by the defendant and the prosecutor, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows

[Reasons for the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by the court of law and the summary of the evidence are as follows: (a) each of the "1. Part of the defendant's court statement" in the 5. 1. 13 and 4. 5 of the judgment of the court of first instance, and the "1. 1. 1. and 2. 5. 1. 1. 1 are deleted, and the corresponding column of the judgment of the court below is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with

Application of Statutes

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act [Attachment Table 1 (1) to (9) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including fraud of victims and victims C), and each victim];

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