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(영문) 서울중앙지방법원 2016.06.10 2015노4788
사기등
Text

All judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. As to the punishment sentenced by the first instance court on the case of 2015 No. 4788 (Defendant and Prosecutor’s Appeal), the Defendant asserts that the above punishment is too unreasonable and unfair as the above punishment is too unreasonable.

B. The sentence sentenced by the first instance court on the case 2016 No. 994 (Defendant’s Appeal) is too unreasonable.

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

The judgment of the first instance court of the 2015 No. 4788 and the judgment of the first instance of the 2016 No. 994 against the defendant was rendered, and each appeal was filed, and this court decided to hold the above two appeals together.

Each of the above judgments of the first instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the first instance cannot be maintained as it is.

3. Thus, the judgment of the court of first instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in entirety, and it is again decided as follows, after pleading, on the ground that there is a ground for reversal ex officio as seen earlier.

In other words, the summary of the facts constituting a crime and the evidence of the defendant recognized by the court is identical to the facts constituting a crime in the judgment of the court of first instance, and the summary of each of them are identical to the facts constituting a crime in the judgment of the court of first instance. Thus, all of them are cited in accordance with Article 3

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act concerning the choice of punishment (the fraud, the choice of imprisonment with labor, and the choice of punishment), Article 225 of the Criminal Act (the modification of official documents), Articles 229 and 225 of the Criminal Act (the use of altered official documents) and Article 30 of the Criminal Act (limited to the part of each co-principal) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, each of the grounds for sentencing, is 2015 No. 4788.

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