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(영문) 청주지방법원 2020.06.11 2019노1712
사기등
Text

All of the judgment of the court below except for a compensation order shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant is against the crime of this case, the amount of damage is not much high, and the defendant's age is changed, etc. (the first judgment: imprisonment with prison labor for 10 months and the second judgment: the fine of 1 million won).

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 appeals cases. Since each of the offenses 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 offenses under Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(1) of the Criminal Act, and therefore, the part except the compensation order among the first and second original judgments

3. The part of the first and second original judgments excluding the order for compensation among the first and second original judgments pursuant to Article 364(2) of the Criminal Procedure Act is reversed without examining the defendant's allegation of unfair sentencing, and the following is again decided after pleading.

Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are the same as the relevant column of each judgment of the court below, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 311 of the Criminal Act; the choice of imprisonment;

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

1. The reason for sentencing of Article 48(1) of the Criminal Act is that the defendant reflects the crime of this case, and the fact that the amount of damage is not high is favorable to the defendant.

However, in light of the circumstances and methods of the crime of this case, and the period of the crime, etc., the criminal defendant is not good, and the same Internet.

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