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(영문) 서울남부지방법원 2014.06.19 2014노344
사기등
Text

All of the judgment of the court of first instance on each crime listed in the judgment of the court of second instance and the judgment of the second judgment shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (the first instance court: 2 months of imprisonment with prison labor for the crimes set forth in the holding of the first instance court; 6 months of imprisonment with prison labor for each of the crimes set forth in the holding of the second instance; 6 months of imprisonment with prison labor for the second instance) is too unreasonable.

2. Determination

A. Although the part concerning the crime of Article 1 of the judgment of the first instance, among the judgment of the first instance, an agreement has been reached between the Defendant and the victim C, the Defendant had the record of being punished several times for the same crime, the Defendant committed the crime of this case during the repeated crime period, and taking account of the motive and method of the crime of this case, profits, circumstances after the crime, the age and character and conduct of the Defendant, etc., the punishment for the crime of Article 1 of the judgment of the first instance cannot be deemed unreasonable.

B. The part concerning each crime of Article 2 of the judgment of the court of first instance and the part concerning the second judgment of the court of second instance concerning this part of the defendant's appeal are examined ex officio prior to the judgment on the grounds for appeal of this part of the judgment of the court of first instance. Each of the remaining crimes except the crimes of Article 1 of the judgment of the court of first instance against the defendant and the crimes of Article 2 of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the part concerning each crime of Article 2 of the judgment of the court of first instance and the

3. Accordingly, an appeal on the grounds of unfair sentencing by the defendant on the crime No. 1 of the judgment of the first instance is dismissed under Article 364(4) of the Criminal Procedure Act, and the part on each crime of Article 2 of the judgment of the first instance and the second judgment on the grounds of the above ex officio reversal are without examining the defendant's allegation of unfair sentencing on this part.

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