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(영문) 서울북부지방법원 2016.04.28 2015노2368
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the original court (No. 1: Imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 3 months) on the summary of the grounds of appeal is too unreasonable.

2. Before deciding on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses of the first and second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, and the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 (Section 329) of the Criminal Act, Articles 342 and 329 of the Criminal Act (the attempted thief), Article 347(1) of the Criminal Act, Article 70(1)3 of the Act on Financial Business Specializing in Credit, Article 152 subparag. 1 and 43 of the Road Traffic Act (the point of use of stolen debit cards), each of the choice of imprisonment with prison labor;

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

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